WAIVER, RELEASE, DISCHARGE AND INDEMNITY
This document contains provisions which affect the legal rights of the Customer and are to be read in conjunction with the T&C. Where there is any inconsistency between the T&C and this document, the provisions contained within this document will prevail.
The Customer has read and understood the disclosure of risks set out in this Waiver, and voluntarily accepts those risks and agrees to be bound by this Waiver.
1. This Waiver is between the Owner, the Manager and the Customer and applies to the Customer at all times whilst at the The Sanctuary Retreat or attending our Bali Retreat which is held at Gunung-An in Ubud, Bali.
2. In consideration for and as a condition of being permitted access to The Sanctuary Retreat or The Bali Retreat, the Customer agrees to this Waiver.
3. A reference to Customer shall include all persons that have been included in the Customer’s Booking.
4. A reference to the Manager shall include the Owner, and vice versa, where applicable.
5. The definitions in the T&C apply to this document, together with the following:
“Claim” means any claim, allegation, debt, cause of action, liability, proceeding, suit or demand of any nature and whether present or future, actual or contingent, fixed or unascertained and arising at law, in equity, under statute or otherwise.
“Implied Warranties” means all warranties of any nature in relation to The Sanctuary Retreat, or the Retreat Activities (as the case may be) which are implied by law (whether pursuant to the Competition and Consumer Act 2010 (Cth) or otherwise).
“Liabilities” mean any and all liabilities, debts or obligations, whether actual or contingent, present or future, quantified or unquantified or incurred jointly or severally with any other person.
“Retreat Activities” means the use of the Accommodation, facilities and equipment at the Sanctuary Retreat or in our Bali Retreat for the purpose of sport, enjoyment, relaxation, healing, accommodation or leisure of any description whatsoever and any incidental activities thereto.
“T&C” means the Terms and Conditions published by the Manager and or the Owner as accepted by the Customer at the time of making the Booking.
“Waiver” means this Waiver, Release, Discharge and Indemnity.
6. The Customer represents and warrants that the Customer:
6.1. is over 18 years old (other than any minors accompanying the Customer);
6.2. is medically fit to perform, or engage in the Retreat Activities;
6.3. is competent to safely engage in the Retreat Activities;
6.4. has not relied on any representations or warranties that may have been made by the Manager and or the Owner and or their Representatives in relation to the Sanctuary Retreat, or the Retreat Activities;
6.5. has taken, or had the opportunity to take, independent medical, legal and other relevant advice as to the nature, effect, meaning and extent of this Waiver; and
6.6. has authority to, and does hereby, enter into this Waiver on the Customer’s own behalf and on behalf of all minors accompanying the Customer.
7. The Customer acknowledges the risks associated with participating in the Retreat Activities include, but are not limited to:
7.1. loss or damage to property, injury, illness or death;
7.2. slipping and falling, collisions with fixed objects and or other participants, falling off objects, over-exertion, drowning, attack or injury from wildlife, polluted or contaminated water, dangerous or inclement weather conditions, contracting illnesses from contact with objects and surfaces within The Sanctuary Retreat and The Bali Retreat;
7.3. the behaviour and acts or omissions of other participants;
7.4. improper or inadequate instruction or supervision regarding the Retreat Activities or use of The Sanctuary Retreat facilities or The Bali retreat facilities and equipment;
7.5. first aid, emergency treatment or services rendered or failed to be rendered by the Manager and or the Owner or their Representatives.
7.6 I understand that yoga poses, including forward folds, backbends, and twists, may involve physical exertion and the risk of injury, including strains, sprains, or fractures.
7.7 I am aware that breathwork practices, such as pranayama, can induce dizziness, lightheadedness, or other temporary physiological effects.
7.8 I understand that sauna use can pose risks related to dehydration, overheating, and potentially heart conditions.
7.9 I acknowledge and understand the risks associated with cold plunges, including but not limited to hypothermia and difficulty regulating body temperature.
7.10 I also acknowledge the risks associated with bushwalking, including falls, slips, exposure to the elements, and sprains.
7.11 "I acknowledge and agree that as part of this retreat, I may be offered and choose to participate in certain treatments, including but not limited to massage, acupressure, facials, scrubs, sound healing, aromatherapy. I understand that these treatments may involve certain risks, including but not limited to muscle soreness, tenderness, aggravation of pre-existing conditions, and possible side effects. I voluntarily assume all risks associated with these treatments and release the retreat provider and its staff from any liability for any harm or injury I may sustain as a result of these treatments, except for harm or injury caused by their negligence or breach of a duty of care
7.12 I acknowledge that The Host may make suggestions from time to time that are intended to help me and my well-being. However I take ultimate responsibility for my choices and realize that The Host is not licensed medical provider and that I must consult my doctor.
7.13 I acknowledge that I am responsible for my own safety and for taking necessary precautions during all retreat activities, including yoga, breathwork, sauna, cold plunge, bushwalking, excursions and any other activities.
8. The Customer acknowledges that Retreat Activities may be inherently dangerous activities and are “dangerous recreational activities” within the meaning of the Civil Liability Act 2002 (NSW).
9. The Customer is aware of the dangers associated with the consumption of alcohol, mind altering substance, drug (including over the counter or prescribed medication) or other substance which may impair any judgment or physical ability or capacity to safely participate in the Retreat Activities and accepts full responsibility for any injury, loss or damage associated with the Customer’s consumption of alcohol, mind altering substance, drug or other substance which impairs the Customer’s judgment, physical ability or capacity to safely participate in the Retreat Activities.
10. The Customer unconditionally and irrevocably acknowledges and agrees that:
10.1. the Manager and or the Owner and or their
Representatives are not responsible for
any Claims or Liabilities for:
(a) any injury, illness or death of any person; or
(b) any injury, illness or death that the Customer may sustain; or
(c) any loss, damage or theft of the Customer’s property;
10.2. the Manager and or the Owner may, in their sole discretion:
(a) refuse to permit the Customer access to the The Sanctuary Retreat or The Bali Retreat;
(b) require the Customer to leave the The Sanctuary Retreat or The Bali Retreat at any time;
(c) refuse to permit the Customer to
engage in the Retreat Activities;
(d) require the Customer to cease the Retreat Activities; or
(e) change or vary the conditions of entry to the The Sanctuary Retreat or participation in the Retreat Activities.
11. The Customer has had the opportunity to consider the risks associated with participating in the Retreat Activities and freely and voluntarily accepts:
11.1. all of the risks (foreseeable and unforeseeable) that may result from the Customer participating in the Retreat Activities;
11.2. any and all consequences which may result from those risks (whether foreseeable or unforeseeable); and
11.3. that all Implied Warranties are excluded to the full extent permitted by law.
12. To the extent any Implied Warranties cannot be excluded, liability for any breach of any Implied Warranty is limited to:
12.1. in the case of any Implied Warranty relating to goods:
(a) the replacement of those goods or the supply of equivalent goods; or
(b) the cost of replacing those goods or supplying equivalent goods; and
12.2. in the case of any Implied Warranty relating to services:
(c) the re-supply of those services; or
(d) the cost of re-supply of those services.
13. The Customer has read, understood and agrees to comply with all rules, regulations, procedures, instructional material and other information provided to the Customer or published at the The Sanctuary Retreat or relating to the Retreat Activities.
14. While at the The Sanctuary Retreat or The Bali Retreat participating in the Retreat Activities the Customer will, at all times, follow:
14.1. the lawful directions of the Manager and or the Owner and or any of their Representatives; and
14.2. any signage displayed at or in relation to The Sanctuary Retreat, The Bali Retreat and the Retreat Activities.
15. If the Customer observes any uncontrolled hazard or risk, the Customer will immediately cease any act the Customer undertakes contributing to that hazard or risk, take those steps which are available to the Customer to reduce the hazard or risk and inform the nearest Representative or the Manager and or the Owner of the hazard or risk and the steps taken by the Customer.
16. To the fullest extent permitted at law, the Customer waives, releases and discharges each of the Owner and or the Manager and their Representatives from and against any and all Claims or Liabilities which the Customer has, or may at any time have, arising out of or in relation to The Sanctuary Retreat, The Bali Retreat and or the Retreat Activities. This waiver, release and discharge extends to all acts, omissions, defaults, failures or errors on the part of all or any of the Manager and or the Owner and or their Representatives.
17. The Customer agrees to indemnify, and keep indemnified, each of the Manager and or the Owner and or their Representatives from and against any Claims and Liabilities, whether direct or indirect, arising out of or in relation to:
17.1. the Customer being at The Sanctuary Retreat or The Bali Retreat
17.2. the Customer observing or participating in the Retreat Activities (whether at the The Sanctuary Retreat or elsewhere); and
17.3. the Customer’s acts or omissions while at the The Sanctuary Retreat, The Bali Retreat or observing or participating in the Retreat Activities.
18. The Customer covenants not to sue or commence any proceedings against any of the Manager and or the Owner and or their Representatives in respect of any loss or damage arising out of or relating to any loss, damage, injury or illness the Customer may sustain (whether to the Customer personally or to any of the Customer’s property) which occurs at The Sanctuary Retreat, The Bali Retreat or in any way relates to the Retreat Activities.
19. While at the The Sanctuary Retreat, The Bali Retreat, the Customer will:
19.1. abide by all laws;
19.2. not introduce or create any hazards to persons, property, flora or fauna; and
19.3. not, by the Customer’s acts or omissions, breach any terms of this Waiver.
20. The Customer acknowledges that The Sanctuary Retreat is located on The Woronora Valley, The Bali Retreat is located in the jungle of Ubud at Gunung-An Retreat which:
20.1. is not operated, managed or controlled by the Manager or the Owner;
20.2. is subject to certain customs, weather conditions and physical challenges which may vary without warning; and
20.3. is subject to its own risks for which the Manager and the Owner and any Representatives have no control over.
21. The Customer has had the opportunity to consider the risks associated with attending The Sanctuary Retreat, The Bali Retreat and observing and participating in the various Activities and freely and voluntarily accepts:
21.1. all of the risks (foreseeable and unforeseeable) that may result from the Customer participating in the all Activities;
21.2. any and all consequences which may result from those risks (whether foreseeable or unforeseeable); and
21.3. that all Implied Warranties are excluded to the full extent permitted by law.
22. To the fullest extent permitted at law, the Customer waives, releases and discharges each of the Owner and or the Manager and their Representatives from and against any and all Claims or Liabilities which the Customer has, or may at any time have, arising out of or in relation to all Activities. This waiver, release and discharge extends to all acts, omissions, defaults, failures or errors on the part of all or any of the Manager and or the Owner and or their Representatives.
23. The Customer agrees to indemnify, and keep indemnified, each of the Manager and or the Owner and or their Representatives from and against any Claims and Liabilities, whether direct or indirect, arising out of or in relation to:
23.1. the Customer being at The Sanctuary Retreat and The Bali Retreat
23.2. the Customer observing or participating in All Activities; and
23.3. the Customer’s acts or omissions while at The Sanctuary Retreat, The Bali Retreat or observing or participating in all Activities.
24. The Customer covenants not to sue or commence any proceedings against any of the Manager and or the Owner and or their Representatives in respect of any loss or damage arising out of or relating to any loss, damage, injury or illness the Customer may sustain (whether to the Customer personally or to any of the Customer’s property) which occurs at The Sanctuary Retreat, The Bali Retreat or in any way relates to all Activities.
25. If anything in this Waiver is or is determined to be unenforceable, illegal, voidable or void in a jurisdiction then it is severed for that jurisdiction and the rest of this document remains in full force and effect in all other jurisdictions.
26. This Waiver is governed by and shall be construed in accordance with the laws of the State of New South Whales Australia, the parties submitting to the exclusive jurisdiction of the Courts of New South Whales Australia for determination of any dispute claim or demand.
27. Media: Permission to capture social media. Media is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, I grant to Manager and or the Owner and or their Representatives the absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish in whole or in part, individually or in connection with other material, in any and all publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if she/he so chooses. I release and discharge Manager and or the Owner and or their Representatives from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, Videographer, Interviewer, Editor, as well as the person(s) for whom he/she captured the media. I am a legally competent adult and have the right to contract in my own name. I have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns.
