RETREAT TERMS & CONDITIONS

Growth Consultancy Pty Limited (ACN: 608 899 118 ) t/a The Queen of Confidence of unit 5, 138-140 Argus Street, Cheltenham, Victoria 3192 (TQOC) invites you to attend the Level Up Retreat (Retreat) to be held from Feb 16-20 2023. The details of the Retreat have been made available to you via TQOC’s website www.thequeenofconfidence.com (Website).

  1. Agreement

By accepting the invitation made by TQOC to attend the Retreat, You are agreeing to these Terms & Conditions. The following constitutes a legally binding contract between You and TQOC (the Agreement):

  • a) the details set out on the sales page of the Website at https://thequeenofconfidence.com/retreats (Retreat Sales Page);
  • b) the details provided by you at the sign up page;
  • c) these Terms & Conditions;
  • d) the Release and Waiver; and
  • e) any details provided to You in writing regarding the Retreat.

  1. Party and Retreat Details

Your details are as provided by you at the sign up page of the Website (You/Your).

The retreat details are set out on the Retreat Sales Page.

The fee for the retreat (Retreat Fee) is set out on the Retreat Sales Page.

  1. Retreat Registration and Deposit

(a) You secure a place at the Retreat upon payment of the required deposit (Deposit) in accordance with the terms set out on Retreat Sales Page.

(b) The Deposit is non-refundable.

  1. Final Payment

(a) Final Payment of the remainder of the Retreat Fee is due no later than 10 business days prior to the Retreat (Final Payment Due Date).

(b) All monies paid are non-refundable.

(c) If TQOC does not receive Your total Retreat Fee on or before the Final Payment Due Date, Your place in the Retreat may be forfeited and offered to another participant.

(d) If any payment under this Agreement is not made in full on the due date, TQOCis entitled to charge You interest at the rate of 5% per annum, calculated daily.

(e) You agree that if You default on any payments due and payable under this Agreement, any costs incurred by TQOC for steps taken to enforce payment terms will be recoverable and payable by You.

(f) Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.

  1. Fee Inclusions and Exclusions

(a) The Retreat Fee inclusions are set out on the Retreat Sales Page.

(b) The Retreat Fee excludes:

  • Excess baggage charges;
  • Travel to and from the Retreat (such as flights and transfers);
  • Travel insurance;
  • Food or drink purchased off site, including at any celebration dinners if applicable.

  1. Cancellation Policy and Refunds

(a) Cancellation by TQOC

TQOC will use its best endeavours to ensure the Retreat goes ahead, however, TQOC reserves the right to cancel the Retreat at any time prior to the Commencement Date for any reason if this becomes necessary, in the reasonable opinion of TQOC. If this does occur, You will have the option of receiving a full refund of the Retreat Fee paid, or keeping your booking which will be applied at the next retreat held by TQOC. In no circumstances will TQOC be responsible for any other amounts including but not limited to airfares, accommodation, losses, damages or preparation costs.

(b) Cancellation by You Before the Retreat

If You wish to cancel Your booking You must do so in writing to support@thequeenofconfidence.com

All monies paid are non-refundable. It is your responsibility to find an alternative participant to attend the Retreat in your place.

(c) Cancellation and Termination during The Retreat

You may at any time after the commencement of the Retreat, choose to cancel Your participation or cut short Your involvement in the Retreat. You must detail Your cancellation in writing to support@thequeenofconidence.com. If You cancel your participation in the Retreat, or if TQOC terminates Your participation in the Retreat for any reason (excluding You from further participation in the Retreat), Your return home shall be at Your sole expense, arrangement and risk. No refund of any kind of the Retreat Fee will be available. You acknowledge and agree that TQOC is not responsible or liable in any way, directly or indirectly, for any damage or injury incurred or sustained by You after you leave the Retreat.

  1. Force Majeure

(a) If the Retreat is delayed or cancelled as a result of unforeseen circumstances or

causes beyond TQOC’s control including but not limited to: any strike, lock-out, shortage of labour and materials, delays in delivery of materials, failure of other trades/contractors to complete necessary work in a timely manner, unexpected issues arising through the renovation process, a pandemic, riot, political or civil disturbances or inclement weather; You agree that You will not have any claim against TQOC for damages or otherwise.

(b) If a force majeure event occurs, TQOC will not be considered to be in breach of this Agreement in any way.

(c) If you choose to terminate this Agreement as a result of a force majeure event, clause 6 will apply.

  1. Informed Decision

(a) Before signing this Agreement, You acknowledge and agree that TQOC is not a travel business and that TQOC is arranging a bespoke and tailored itinerary and set of activities for participants.

(b) You acknowledge that You have read all information issued to You by TQOC that describes the Retreat.

(c) You are responsible for Yourself while participating in the Retreat, and the potential health, safety, and other risks associated with Your participation in the Retreat, including but not limited to accidents or illness, covid-19 or other pandemics, disease, poor sanitation, inadequate medical care and facilities, terrorism, Acts of God, accidents, crime, the hazards of travel by air, train, boat, and motor vehicle, poor weather conditions and natural disasters, rest with You.

(d) You have taken the opportunity to ask any questions You may have about the Retreat, and the responsibilities and risks involved, and You have willingly and freely assumed any and all risks associated with domestic travel and the Retreat in general.

  1. Responsibility for Preparation

You agree to attend to all preparation for the Retreat as may be required. You warrant that (and TQOC relies on such warranty) Your physical condition and health are suitable to participate in the Retreat, and You have and will take any necessary medical precautions before embarking on the Retreat (and during the Retreat if necessary).

  1. Intellectual Property Rights

(a) You agree that any works, items, materials or information produced or developed by TQOC or under TQOC’s direction pursuant to or in the course of providing the Retreat will remain the sole and complete property of TQOC.

(b) If TQOCprovides any intellectual property to you as part of the Retreat (such as workbooks or presentation notes or slides), TQOCgrants You a non-exclusive and non-transferable license to use that material only for the purpose of facilitating the Retreat.

(c) There is no assignment of Intellectual Property Rights by TQOCto You under this Agreement.

  1. Disclosure and Use of Confidential Information

(a) All obligations of confidentiality set out in this Agreement continue in full force and effect after the Retreat has ended. For the purpose of this Agreement, Confidential Information means information that is not generally available to the public.

(b) Either party must not disclose any Confidential Information to any third-party without the other party’s, or other participant’s prior consent.

(c) Each party must keep confidential any Confidential Information shared during the Retreat. If a party becomes aware of a breach of this obligation, that party will immediately notify the other party.

(d) This Agreement prohibits the disclosure of Confidential Information by either Party except in the following circumstances:

i. If the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and the other party has consented to the disclosure of such information to the professional adviser;

ii. if the disclosure is required by applicable law or regulation; or

iii. if the confidential information is already in the public domain at no fault of the other party.

  1. Travel Insurance

TQOC recommends that You purchase adequate and relevant travel insurance. It is Your responsibility to purchase adequate and relevant travel insurance to cover You for any instance, including loss, damage or illness.

  1. Changes in Retreat

(a) TQOC reserves the right to make a venue change if required and will advise you as soon as possible should such a change occur.

(b) While TQOC makes every effort to ensure all published itineraries and information is up to date, accurate and kept consistent for the duration of the Retreat, she reserves the right to make changes at any time should this be necessary.

  1. Photography, Video and other Media Release

By attending the Retreat You acknowledge and agree that by participating in the Retreat You irrevocably grant TQOC, its agents and representatives or licensees or assignees the right and permission to take, use, re-use, publish and re-publish photographic portraits or pictures of You or in which You may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations. You understand that this media may be used for the following purposes: social media, marketing, email and other associated uses.

  1. Release of Claims

(a) You, individually, and on behalf of Your heirs, successors, assigns and personal representatives, hereby indemnify and release fully and finally from any and all liability, claims, loss, suits, demands and damages, brought by You (or and including by any third party as a consequence of any act or omission of You) and covenant not to sue or cause to be sued in any judicial or administrative forum, or otherwise, TQOC and its officers, agents, and employees with respect to any and all matters relating to or arising from Your conduct (including acts and omissions) and participation in the Retreat.

(b) It is understood and agreed that TQOC shall in no way be deemed responsible for the operation or management of any means of transportation, public or private, or facilities used by the Retreat or any Retreat participant, and Your participation on any tour or transportation or event or activity will be solely at Your own risk.

(c) Further, should You engage in any activities which involve a risk to person or property while intoxicated or under the influence of any substance, You do so at Your own risk and agree TQOC shall in no way be liable for Your actions, safety, loss and damage.

  1. Dispute Resolution & Mediation

If a dispute arises out of, or relates to these Terms, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement in good faith, through an appropriate mediator to be appointed by independent third party, as agreed, or his or her nominee and attend a mediation.

  1. Modification

This Agreement cannot be modified except by another agreement in writing signed by You.

  1. Governing Law

The terms of this Agreement and Waiver are governed by the laws of Victoria.

  1. Severance

Any part of this Agreement that is prohibited or unenforceable in any jurisdiction will only be ineffective to the extent of that prohibition or unenforceability and will not invalidate the remaining parts of this Agreement.

  1. Agreement

You acknowledge that prior to accepting this Agreement, You have read these Terms and Conditions, have had the opportunity to seek independent legal advice about the Agreement’s effect prior to signing, and You have a full understanding of the Agreement, You voluntarily accept the Terms and Conditions of this Agreement and execute it with the understanding that TQOC relies on the statements and warranties set out in this Agreement.