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TERMS & CONDITIONS FOR GUESTS OF DEEP HEALING RETREATS ORGANISED BY THE OPEN MIND SPACE

These terms and conditions make up a binding agreement with The Open Mind Space ABN 59 531 223 167 and you. By purchasing a retreat ticket you agree that you have read and agree to abide by these Terms and Conditions mentioned in this contract. These terms and conditions can be accepted by making payment for any of our services online, in studio or in person.

Upon paying for your space to ‘The Open Mind Space’/’Sunquncha Temple’ you hereby unconditionally release, waive and discharge any right, whether by contract or under operation of law to file any cause of action(s) or claim(s) against R Wilkinson & M Smith trading as ‘The Open Mind Space’, its antecedents, retreat organisers, retreat hosts, property owners, leaders, volunteers, officers, directors, employees, contractors and agents, the owners or operators of any Retreat facilities or equipment provided, now or in the future.

You fully understand the terms set forth in this Waiver and you hereby waive any rights freely and voluntarily without any inducement, assurance, or guarantee being made to you to the fullest extent allowed by law.

In consideration of your participation in any of The Open Mind Space retreats that you have registered including any associated accommodations, meals, events and activities (collectively, “Retreat”) you agree as follows:

1. Definitions. 

“Activities” shall include but are not limited to walking, hiking, running, yoga, mobility exercises, stretches, ceremony, medicine, guidance, coaching, training, instruction, transportation in released (defined below in this paragraph) or other vehicles, travelling to and from a Retreat and all other activities associated with the Retreat.

“Risks” shall include, without limitation, vehicular traffic, road and trail conditions, health conditions, weather, equipment failure, driver error, participant error, food provided, facilities, actions of other people, and the actions, negligence and carelessness of the Released, as defined below. 

“Released Parties” shall include The Open Mind Space, Sunquncha Temple, Retreat organizers, retreat hosts, property owners, leaders, volunteers, officers, directors, employees, contractors and agents, the owners or operators of any Retreat facilities or equipment provided.

Refunds/Cancellation

  • All sales are final and any change in circumstances whatsoever does not entitle you to a refund or exchange. 

  • You agree no refunds or compensation or any other expense will be refunded in whole or in part under any circumstances including, but not limited to, 

  • the ejection or abandonment of you from the event, 

  • the non- appearance of any particular person or group expected by you, 

  • acts of god, weather events, strikes, protests, action(s) by any government agency or any other event which The Open Mind Space deems necessary to either cancel or abandon the event whatsoever. 

  • The Open Mind Space reserves the right to cancel or postpone the event, eject you or refuse entry any reason despite the aforementioned.

  • You agree to carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at the event. You are advised to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation.

  • Any valid refunds will not include the postage fee, merchant or booking fee.

 

Personal Information

  • You acknowledge and consent that The Open Mind Space can collect and keep personal information about you, including your name, address, credit card or payment details, email address and telephone number. You further acknowledge The Open Mind Space may also need to disclose your personal information as required by law, or in order to fulfil The Open Mind Space’s contractual obligations with another as determined as reasonably necessary to review, maintain or improve functions, activities or services relating to the design or delivery of an event.
     

Liability and Assumption of Risk, Health and Safety

  • You agree that you will participate in any of the activities and retreat services offered by The Open Mind Space at your own risk.

  • You hereby certify that there are no health-related reasons or problems, physical limitations, medical ailments, physical or mental disabilities that preclude or restrict your participation in the Retreat, that you are physically fit, able to walk on unstable surfaces, such as trails, paths, grass and roads, and have not been advised otherwise by a qualified medical person. 

  • You hereby assume all risks of participation in the Activities and the Retreat, including without limitation all Risks, whether such risks are caused

  1. by the negligence or carelessness of the retreat leaders, 

  2. the negligence or carelessness of yourself or

  3. from dangerous or defective equipment or property owned or provided in any way by the Released.

  • To the maximum extent permitted by law, we assume no liability or responsibility for loss, accidents or injury to person, property or vehicles that may result from our services, before, during or after an event.

  • Our total liability to you for any Loss arising out of or in connection with:

  1. any act, error, negligence, misrepresentation or omission concerning or arising out of Our services; and

  2. any breach of these terms and conditions or breach of duty of any kind owed in connection with the provision of the services;

is limited to and will not in any circumstances exceed the price paid for any of our services. 

Nothing in this Agreement is intended to exclude or restrict any liability that cannot be excluded or restricted by law. 

In this clause Loss means any and all loss (including pure financial loss), injury, liability, damage, compensation, claim, demand, expense, interest or cost, including reasonable legal fees, whether arising in contract or otherwise.

 

  • You acknowledge that the Retreat is, or may be an extreme test of your physical and mental limits and carries with it the potential for serious injury, property loss and even death.

  • You should always consult a medical doctor before beginning any type of exercise program.

  • You understand you are attending a rural property which has natural risks including but not limited to:

    • Open dams​

    • Bushfire

    • Uneven natural ground

    • Wildlife including insects & pests

  • When attending The Open Mind Space Retreat 'Sunquncha' I agree:

    • I will faithfully follow all instructions given to me by The Open Mind Space and its facilitators as to when, where, and how to perform and not to perform the Exercises and Activities.

    • I understand and acknowledge that The Open Mind Space, its owners, teachers or employees are not liable for, nor expected to provide any advice, training or medical assistance other than in the form of the Yoga Exercises and Meditation.

    • I consent to receive medical treatment, which may be deemed necessary in the event of injury, accident or illness.

Medical Care

Although you acknowledge that there is no obligation of any person to provide any participant with medical care during, prior to or after a Retreat, in the event medical treatment is provided to you or your child or legal guardian, you hereby consent to such care. Release shall apply to all medical care and such medical care shall be deemed to be an Activity.

 

Waiver, Release and Agreement Not to Sue. 

  • You, and on behalf of your executors, administrators, heirs, successors, assigns, and as the parent or legal guardian of a participant of the Retreat, agree NOT TO SUE, take action or make a claim against the Released Parties for any and all damage, death, injuries, loss, or harm that occur during the Retreat or while travel to and from the Retreat and Retreat Activities. This release includes, but is not limited to, claims for strict liability for any abnormally dangerous activities in which you choose to participate in the course of the Retreat, whether caused solely or partly by negligence or carelessness of the Released Parties or otherwise.

 

Transportation to and from Retreat

  • You acknowledge that The Open Mind Space does not provide transportation services whatsoever to or from any event. Any claims including but not limited to accident, injury and damage resulting from any such transport should be directed to the third party.

Indemnification and Hold Harmless

  •  You, and on behalf of your executors, administrators, heirs, successors, assigns, and as the parent or legal guardian of a participant of a Retreat, hereby agree to indemnify and hold harmless the Released Parties and each of them from all liabilities, causes of action, claims and demands that arise from your acts or your failure to act, including your own negligence, during or relating to the Retreat.

  • You, agree to indemnify and hold harmless the Released and each of them from all liabilities, causes of action, claims and demands that arise from any loss, liability or damage, including reasonable legal fees incurred in any suit, demand or legal action arising out of any alleged injury, damage or death resulting from engaging in any Activities, participation in the Retreat or is alleged to or did result from the negligence or carelessness of any person. In accordance with this promise, you shall reimburse the Released Parties for any damages, reasonable settlements and defence costs, including attorney’s fees that they incur  because of any such claims made against them including through appeal.

  • You agree that in the event of your death or disability, the terms of this Waiver, including the indemnification obligation will be binding on your estate, and any personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

Inherently Dangerous Activities. 

As a Retreat participant, you acknowledge that you will fully and with full knowledge participating in certain activities, including but not limited to a program of fitness, physical exercise, ceremony, transformational work, including mind and spirit, and travel.

 

  • You are entirely responsible for your own personal safety, health, and mental, physical, emotional, and general well-being during and after the Retreat.

  • You release the Retreat organisers and their representatives, and any of their employees, assistants, and affiliates, of any liability for any injuries or damages mentally or physically that you or any of my family members may incur during or after the Retreat. 

  • You understand that the Retreat is in no way psychotherapeutic or medical in nature. The Retreat is not involved with the treatment of diseases of any kind and does in any way substitute for medical diagnosis or treatment. 

  • Murray Smith, Renee Wilkinson and other Retreat leaders and teachers do not treat, prescribe, or diagnose any illness, disease, or any other physical or mental disorder. Any personal advice or answers to your questions that are given to you on this Retreat are for entertainment purposes only. 

  • You release Retreat organisers and their representatives and any of their employees, assistants, and affiliates from any injuries or damages mentally or physically that you or any of your family members might incur during or after this Retreat as a result of following any advice given to you on this Retreat. 

  • You release the Retreat organisers and their employees, assistants, and affiliates from any obligation to fulfill any claims about this Retreat that have been printed or spoken in any tapes, lecture, letters, literature, the Internet, websites, or the news media.

  • You hold the Retreat organisers harmless for anything that might happen to You or to your possessions on this Retreat.

  • You understand that no health insurance nor travel insurance nor medical evacuation insurance is provided by the Retreat organisers, and, if you wish to be insured, you must do so on your own accord. 

Words and Images. 

You understand that during a Retreat you may be photographed, videotaped and or your words may be recorded. You authorise and allow The Open Mind Space and its partners to use such images, words and likenesses for marketing, on websites, in brochures or other writings and any other legitimate purpose.

 

Behaviour

  • Upon booking your event you will receive a ‘Welcome Guide’, this is to familiarise you with the property and ensure yours and others safety. Failure to follow the ‘Welcome Guide’ or instructions of onsite managers/facilitators may result in your eviction in alignment with our refund clause.

Variations

We may sometimes add to or change our terms and conditions. 

 

Contacting Us

You can reach us by emailing hello@theomspace.com.au.

 

Please make your enquiry as specific as you can to help us with efficiency and you will hear from us within two business days.

 

Applicable Law

  • You agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. You also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

  • This Waiver will be construed in accordance with and governed by the laws of the State of New South Wales. 

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