TERMS AND CONDITIONS
1. ACCEPTANCE
1.1 Parties: These Terms are between THOSE2SISTERS PTY LTD ( ABN 37 669 133 680 ), its successors and assignees (referred to as “we” and “us”) and you, the person, organisation or entity described in the Proposal (referred to as “you”). These Terms apply to all Retreat Offerings provided by us to you.
1.2 Acceptance: You have requested the Retreat Offerings set out in the Proposal. You accept these Terms by:
(a) signing and returning the Proposal;
(b) confirming in writing, including by email, that you accept the Proposal;
(c) accepting the Proposal online;
(d) allowing us to proceed with the Retreat Offerings; or
(e) making part or full payment for the RetreatOfferings.
1.3 You agree that these Terms form the agreement under which we will provide the Retreat Offerings to you. Please read these Terms carefully. Please contact us if you have any questions. Purchasing the Retreat Offerings from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will

comply with these Terms.
1.4 Deposit: If the Proposal indicates that we require a Deposit or any upfront payments, your retreat ticket will not be issued until you have paid the Deposit or the first instalment of our Fees.
1.5 Cooling Off: Upon acceptance in accordance with clause 1.2 , you are entitled to a 48-hour cooling off period. If you withdraw from this Agreement under the cooling-off provisions, we are entitled to retain any ‘out-of-pocket’ expenses reasonably incurred by us before the withdrawal. If no moneys have yet been paid, this amount will be payable by you within 7 days of receipt of an invoice for that amount.
1.6 Cancellation: Following expiry of the cooling off period set out in clause 1.5 , you must provide us with notice in writing of any cancellation and the following provisions apply:
(a) Early Cancellation: where you provide at least 30 days’ notice prior to commencement of the Retreat Offerings, you will receive a refund of the Fees minus the Deposit and any payment plan fee (if applicable);
(b) Mid Cancellation: where you provide at least 14 days’ notice prior to commencement of the Retreat Offerings, you will receive a refund of 50% the Fees; or
(c) Late Cancellation: where you provide less than 14 days’ notice prior to or following the commencement of the Retreat Offerings, you will not be entitled to a refund of any kind (to the extent permitted by law).
If no Deposit or Fees have yet been paid, this amount will be payable by you within 7 days of receipt of an invoice for that amount.
1.7 Refunds: Notwithstanding clauses 1.5 and 1.6 , to the extent permitted by law, we do not offer refunds of any kind. If a participant leaves the retreat early there will be no refund or partial refund and the Fees remain payable in full.
2. SERVICES
2.1 We agree to provide the Retreat Offerings with due care and skill.
2.2 We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.
2.3 We may provide the Retreat Offerings to you using our employees, contractors and third party providers, and they are included in these Terms.
2.4 When you engage third parties that are neither our
employees nor contractors we have directly appointed,
their services or products fall under your oversight. We
bear no liability for the outcomes or quality of the
services or products provided by these independent
third parties.
3. PRICE, INVOICING AND PAYMENT
3.1 You agree to pay us the amounts set out in our Proposal, including any Deposit required. All amounts are stated in Australian dollars. All amounts exclude Australian GST (where applicable). Payment may be made by way of payment methods as set out in our Proposal when purchasing the Retreat Offerings.
3.2 You agree to pay our invoices by the payment date set out on the invoice. If you do not pay by the payment date (including any other services we have provided to you and invoiced you for), we may cease to provide the Retreat Offerings to you until we receive payment.
3.3 We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the payment date.
3.4 If invoices are unpaid after the payment date, we reserve the right to take steps to recover any outstanding professional fees and outlays owing to us. In the event of non-payment, we have the right to engage debt collection services for the collection of unpaid debts, the right to commence legal proceedings for any outstanding amounts owed to us and the right to take any other adverse action against you as we consider appropriate. If any action is required to recover amounts owing to us (including without limitation issuing and receiving any correspondence, commencing court proceedings, taking enforcement action and so on), you acknowledge and agree that you are liable for and must pay all costs including without limitation debt collection, commission, charges, costs and any out-of-pocket expenses (including all legal costs and legal fees on an indemnity basis and all fees charged by counsel).

You agree to indemnify us against any costs we may incur in recovering payment of any unpaid invoices.
3.5 We reserve the right to report bad debts to independent credit data agencies.
4. YOUR OBLIGATIONS AND WARRANTIES
4.1 You warrant that throughout the term of this Agreement that:

(a) in order to provide the Retreat Offerings, we require a collaborative process relationship between Parties;
(b) you will actively participate and engage in the Retreat Offerings;
(c) you will come fully committed, prepared, and open to personal growth during the sessions throughout Retreat Offerings.
(d) the Retreat Offerings aim to support you in establishing new behaviours;
(e) the Parties’ relationship is strengths-based, forward-looking, and collaborative;
(f) the Retreat Offerings are developed and implemented in partnership between Parties;
(g) you agree to engage fully in the Retreat Offerings.
(h) the Service are designed to provide emotional and social support. Participation in the Retreat
Offerings does not constitute professional counselling, psychological services or therapy and should not replace any medical or psychological treatments currently being undertaken;
(i) the Retreat Offerings include other participants. You agree and acknowledge that you will be respectful and mindful of other participants. This includes keeping any sensitive information shared confidential. We reserve the right to remove any
participant from the retreat who is disruptive or behaves inappropriately;
(j) there are no legal restrictions preventing you from agreeing to these Terms;
(k) you will cooperate with us, and provide us with information that is reasonably necessary to enable us to provide the Retreat Offerings as requested from time to time, in a timely manner;
(l) you will not infringe any third-party rights in working with us and participating in the Retreat Offerings;
(m) you will inform us if you have reasonable concerns relating to our provision of Retreat Offerings under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns; and
(n) you are responsible for obtaining any consents, and permissions from other parties necessary for the Retreat Offerings to be provided, and for providing us with the necessary consents and permissions.
5. ASSUMPTION OF RISK
5.1 You acknowledge that participating in the Retreat Offerings may involve a risk of serious injury or even death from various causes including but not limited to physical injury, overexertion, dehydration, equipment failure and accidents with equipment, participants and surroundings.
5.2 It is your responsibility to ensure that by participating in the Retreat Offerings, the participant will not exceed their limits while performing such activity and will select the appropriate level of class for their skills and
abilities, as well as any mental or physical conditions and/or limitations the participant may have.
5.3 You recognise the demanding physical nature associated with attending and participating in the Retreat Offerings and attest that the participant is physically fit to participate safely in the activity and that a qualified medical practitioner has not advised otherwise.
5.4 You are not aware of any medical conditions, injuries or impairments that will be detrimental to the participant’s health if they participate in the Retreat Offerings. In the event that you become aware of any medical conditions, injuries or impairments that may be detrimental to the participant’s health, you must notify us immediately and the participant must not participate in the Retreat Offerings.
6. TRANSPORTATION
6.1 You are responsible for organising your own travel arrangements and insurances to and from the Retreat Location. We are not liable for any travel delays, cancellations, accidents or other issues related to transportation to and from the Retreat Location.
7. DIETARY REQUIREMENTS
7.1 .
7.2 To ensure we can accommodate your dietary needs, it is your responsibility to notify us in writing of any specific dietary requirements, allergies, or intolerances at least 7 days prior to commencement of the Retreat Offerings. This advance notice is necessary for our chef to adequately prepare and ensure your requirements are met. Failure to provide this information within the specified time frame may result in your dietary needs not being accommodated. We are not liable for any adverse reactions where we are not informed of your specific dietary needs or allergies in advance of your arrival at the retreat, and we cannot be held liable for any adverse reactions or complaints arising from late disclosures.
8. OUR INTELLECTUAL PROPERTY
8.1 We own the intellectual property rights in:
(a) our pre-existing Intellectual Property, including but not limited to copyright which subsists in all creative and literary works incorporated into our pre-existing Intellectual Property; and
(b) Intellectual Property that we create during the course of the Retreat Offerings, including but not limited to copyright which subsists in all creative and literary works in all Intellectual Property that we create during the course of the Retreat
Offerings; unless we assign or transfer this to you. This Intellectual Property is protected by Australian and international laws.
8.2 Nothing in these Terms constitutes an assignment or transfer of our Intellectual Property rights, or a right to use our Intellectual Property, whether registered or unregistered, except as stated in these Terms or with our written permission.
8.3 You must not breach our intellectual property rights by, including but not limited to:
(a) altering or modifying our Intellectual Property;
(b) creating derivative works from the Intellectual
Property; or
(c) using our Intellectual Property for commercial purposes such as on-sale to third parties.

8.4 This clause will survive the termination of these Terms.
9. CONFIDENTIAL INFORMATION
9.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than where necessary, to third party suppliers, or as required by law); to use all reasonable endeavours to protect your Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you to us, and not for any other purpose.
9.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect our Confidential Information from any unauthorised disclosure; and only to use our Confidential Information for the purpose for which it was disclosed or provided by us to you, to provide better quality services to you and not for any other purpose.
9.3 These obligations do not apply to Confidential
Information that:
(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms;
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or by a regulatory authority including under subpoena.
9.4 This clause will survive the termination of these Terms.
10. FEEDBACK AND DISPUTE RESOLUTION
10.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Retreat Offerings, please contact us.
10.2 If there is a dispute between the Parties in relation to these Terms, in the first instance the Parties agree to the following dispute resolution procedure:
(a) The complaining Party must tell the other Party in writing, the nature of the dispute, what outcome the complaining Party wants and what action the complaining Party thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
(b) If the Parties cannot agree how to resolve the dispute at that initial meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complaining Party will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute and will be equally responsible for the costs of the mediator.
10.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
11. TERM AND TERMINATION

11.1 If either Party commits a remediable breach of these Terms and does not remedy the breach at its cost within a reasonable time after receiving written notice of the breach from the other Party, then the Parties agree to engage in the dispute resolution process set out in clause 10.2 in the first instance. If the dispute is not resolved after following that process, then either Party may terminate these Terms at any time upon written notice to the other Party.
11.2 We may terminate these Terms immediately upon written notice to you, if:
(a) you commit a non-remediable breach of these Terms;
(b) you fail to provide us with clear or timely instructions to enable us to provide the Retreat Offerings;
(c) for any other reason outside our control which has the effect of compromising our ability to perform the Retreat Offerings within the required timeframe; or
(d) you fail to pay an invoice by the due date.
11.3 You may terminate these Terms immediately upon written notice to us if we commit a non-remediable breach of these Terms.
11.4 On termination of these Terms in accordance with clause 11.2 or clause 11.3 you agree that any Deposit or payments made are not refundable to you to the extent of all the Retreat Offerings provided prior to termination, including any Retreat Offerings which have been performed and have not yet been invoiced to you.
11.5 On termination of these Terms, you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and/or Intellectual Property.
11.6 On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and/or Intellectual Property.
11.7 On completion of the Retreat Offerings, we will retain your documents related to the provision of the Retreat Offerings to you (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
11.8 The accrued rights, obligations and remedies of the Parties are not affected by the termination of theseTerms.
12. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
12.1 Service Standard: We will provide the Retreat Offerings with due care and skill, the Retreat Offerings will be fit for the purpose that we advertise, and we will supply the Retreat Offerings within a reasonable time.

12.2 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the Retreat Offerings by us to you which cannot be excluded, restricted or modified (Statutory Rights).
12.3 Statutory Rights: Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Retreat Offerings is governed solely by the ACL and these Terms.
12.4 Warranties: Except for your Statutory Rights, we exclude all express and implied warranties representations and guarantees and all material and work is provided to you without warranties, representations and guarantees of any kind.
12.5 Delay: Where the provision of the Retreat Offerings depends on your information or response, we have no liability for a failure to perform the Retreat Offerings, where it is affected by your delay in response or supply of incomplete or incorrect information.
12.6 Referrals: We may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or their failure to advise or provide services.
12.7 Availability: To the extent permitted by law, we exclude liability for:
(a) the Retreat Offerings being unavailable; and
(b) any Claims for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or in connection with your inability to access or use the Retreat Offerings or the late supply of the Retreat Offerings, even if we were expressly advised of the likelihood of such loss or damage.
12.8 Disclaimers: To the extent permitted by law we disclaim all responsibility and liability for:
(a) products and services you purchase from a third party;
(b) damage caused other than due to our negligent act or omission;
(c) personal injury caused to you or any third party other than due to our negligent act or omission;
(d) any psychological distress you experience during, or as a result of, the Retreat Offerings. If we reasonably believe that you are experiencing psychological distress from participating in the Retreat Offerings, we may immediately stop providing the Retreat Offerings to you and suggest that you obtain a referral from your GP to a suitably qualified clinician;
(e) results experienced by each participant may significantly vary; and
(f) any delays due to reasons out of our control, including but not limited to inclement weather.

12.9 Limitation: To the extent permitted by law, our total liability arising out of or in connection with the Retreat Offerings, however arising, including under contract, tort including negligence, in equity, under statute or otherwise, is limited to us re-supplying the Retreat Offerings to you, or, at our option, us refunding to you the amount you have paid us for the Retreat Offerings to which your claim relates. Our total liability to you for all damages in connection with the Retreat Offerings will not exceed the price paid by you under these Terms and pursuant to the Proposal for the 12 month period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
12.10 This clause will survive the termination of these Terms.
13. INDEMNITY
13.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any information provided by you to us that was not accurate, up to date or complete or was misleading or a misrepresentation;
(b) your breach of these Terms;
(c) any misuse of the Retreat Offerings by you, your employees, contractors or agents; and
(d) your breach of any law or third party rights.
13.2 We are liable for and agree to indemnify, defend and hold harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any information provided to you by us that was not accurate, up to date or complete or was misleading or a representation;
(b) our breach of these Terms;
(c) any defect or omission in the Retreat Offerings from or by us, our employees, contractors or agents;
(d) our breach of any law or third party rights in connection with our provision of the Retreat Offerings to you.
13.3 The Parties agree to co-operate with each other (at their own expense) in the handling of disputes, complaints, investigations or litigation that arises as a result of these Terms.
13.4 This clause will survive the termination of these Terms.
14. GENERAL
14.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
14.2 Publicity: You consent to us stating that we provided the Retreat Offerings to you, including but not limited to taking photographs/videos of you participating in the Retreat Offerings and mentioning you on our website, social media platforms and in our promotional material, unless you give us written notice that you withdraw your consent in this regard.

14.3 Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
14.4 GST: If and when applicable, GST payable on the Fee for the Retreat Offerings will be set out on our invoices.
You agree to pay the GST amount at the same time as you pay the Fee.
14.5 Relationship of Parties: These Terms are not intended to create a relationship between the Parties of psychologist and patient but rather coach and student.
14.6 Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
14.7 Severance: To the extent permitted by law, if any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
14.8 Force Majeure: Neither Party will be liable for any delay or failure to perform its obligations under these Terms if such delay is due to any circumstance beyond their reasonable control.
14.9 Notices: Any notice required or permitted to be given by either Party to the other under these Terms will be in writing addressed to the relevant address in the Proposal. Any notice may be sent by standard post or email, and notices will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14.10 Jurisdiction & Applicable Law: These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland .
14.11 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between the Parties and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.
14.12 Special Conditions: The Special Conditions will prevail to the extent of any inconsistency with these Terms.
15. DEFINITIONS
15.1 Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute, whether indirect, incidental, special, consequential and/or incidental, and whether involving a third party or a Party to the Terms or otherwise.
15.2 Confidential Information includes confidential information about you, your credit card or payment details, and the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as "confidential".
15.3 Deposit (if any) set out in the Proposal.
15.4 Fees are set out in the Proposal.
15.5 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
15.6 Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.
15.7 Optional Extras (if any) are set out in the Proposal.
15.8 Party and Parties means a party or parties to these Terms.
15.9 Proposal means the proposal to which these Terms are attached, or the online checkout/proposal to which these Terms form part.
15.10 Retreat means the retreat set out in the proposal.
15.11 Retreat Date as set out in the Proposal.
15.12 Retreat Location as set out in the Proposal.
15.13 Retreat Offerings are set out in the Proposal.
15.14 Special Conditions means the special conditions, if any,
detailed in the Proposal.
15.15 Terms means these terms and conditions.

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Latest Update: December 10, 2024