Terms of Service

Please read the following terms and carefully which apply to all retreat bookings. You must not make a retreat booking unless you understand and agree with the following terms and conditions. References to “us”, “we” and/or “our” in these booking terms and conditions shall mean BodyMindSoul NZ Ltd.

These terms and conditions apply to retreat bookings you make with us over the phone, via email, in person or online.

We reply on the authority of the person making the booking to act on behalf of any other traveller on the booking and that person will bind all travellers to these terms and conditions.

Travel Insurance:

We recommend you take out appropriate travel insurance to cover your own travel arrangements. Your insurance should include cover for cancellation, repatriation and medical expenses, personal injury and accident, death and loss of personal baggage, money and personal liability insurance.

Health:

You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel.

Special requirements:

Please advise us of any special requirements you may have, including dietary/meal requirements or room type

Prices:

Are subject to availability and can be withdrawn or varied without notice

Our change and cancellation fees:

Subject to your refund and remedy rights under the New Zealand Consumer Law, the following change and cancellation fees apply to all bookings

Deposit Fees:

Are non-refundable

Cancellations prior to 90 days before arrival are fully refundable minus deposit fee.

Cancellations 30-90 days before arrival will incur a 50% cancellation fee

Cancellations made within 30 days of arrival will incur a 100% cancellation fee.

Travel impacted by Covid-19:

If the event is cancelled due to local covid restrictions affecting the retreat centre, your retreat booking will then be transferable to the next BodyMindSoul women’s retreat scheduled. If you are unable to attend the event due to restrictions in your local area, there will be no refunds issued. We will do our best to accommodate a transfer of your booking to another participant on our waiting list, however we are unable to guarantee this.

Payment schedule:

50% of your retreat booking fee must be paid before 60 days before arrival or your retreat booking may be cancelled. Full retreat booking fee must be paid by 30 days before arrival or your retreat booking may be cancelled.

Privacy for retreat bookings

We are committed to protecting your personal information and agree to handle your personal information in accordance with our privacy policy which is available here. By providing your personal information to us, you agree that our Privacy Policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as detailed in our full privacy policy below. In particular, you agree that in certain circumstances (such as where we are required to book accommodation, an experience or activity for you), we are permitted to disclose your personal information to external recipients. Such recipients may include retreat centres, spa facilities, travel service providers with whom you make a booking. We will only disclose your personal information to these person in connection with facilitation of your booking or to enable to performance of administrative and technical services by them on our behalf. Where we disclose your personal information to any person, you agree that we will not be required to ensure that person’s compliance with New Zealand privacy laws or otherwise be held accountable for how they handle your personal information. When used above, ‘disclose’ includes to transfer, share, send or otherwise make available or accessible to another person or entity.

Liability

Upon booking you hereby fully waive and release Amanda McKay (Facilitator), BodyMindSoul NZ Ltd, (together, the “Releasees”), from any and all claims for personal injury, property damage, or death that may result from my participation in the BodyMindSoul Women’s Retreat event (the “Event”):

You hereby voluntarily, at your own risk, accept this Waiver and Assumption of Risk in sole consideration of being permitted to participate in the Event. You understand that you hereby waive, release, and discharge the Company BodyMindSoul NZ Ltd, and its agencies, officers, and employees from any and all negligence and liability for my death, disability, sickness, personal injury, property damages, property theft or claims of any nature which may hereafter accrue to me, and my estate as a direct or indirect result of my participation in the Event.

You understand the meditation, group seminars, yoga, pilates, exercise classes and event participation is entirely voluntary and you are responsible for your own health and well-being. You will alert the facilitator of any health concerns or injuries that may affect your capacity to participate. You will cease participation in class should pain or injury limit your ability to participate safely.

You hereby release, defend, indemnify and hold harmless Amanda McKay, BodyMindSoul NZ Ltd, officers, employees or agents from and against any and all claims, damages or liability incurred as a result of or in any manner related to your participation in the Event, including yoga and exercise class participation, as well as, included and extra-curricular activities organised. f

You hereby acknowledge and understand that there are dangers and risks associated with the Event, which have been fully explained to me. You hereby agree to abide by all rules, instructions, policies and procedures imposed by the Facilitator relating to the Event. By booking on this retreat, you fully assume the dangers and risks, and agree to use your best judgment while engaging in those activities.

You hereby certify that you are of legal age and competent to execute this Waiver and Assumption of Risk, that in doing so of your own free will and accord, voluntarily and without duress, and that you do so intending to bind yourself, your executor, your heirs, and administrators or assigns to the fullest extent. You have read and understood the foregoing, and acknowledge your consent to the terms of this Waiver & Assumption of Risk by booking on this retreat.

Governing Law

If any dispute arises between you and us, the laws of New Zealand will apply. You irrevocably and unconditionally submit to the executive jurisdiction of the courts of New Zealand, and waive any right that you may have to object to an action being brought in those courts.

Code of Conduct

The safety, security and support of all attendees is of the utmost importance to us. All event participants, including, but not limited to, ticketed attendees, special guests, presenters and staff, are required to adhere to this Code of Conduct.

At the event we have a zero tolerance policy for harassment, bullying or verbal disrespect of any kind, including but not limited to: verbal or written comments, sustained disruption of talks or other events. We have zero tolerance for disorderly conduct including, but not limited to, any behaviour that is illegal, unsafe, disruptive, discriminatory, or causes excessive discomfort to another person.

If a person does do comply with our code of conduct for behaviour, staff will take prompt action in any form they deem appropriate, up to and including removal from the event with no refund and contacting the appropriate authorities. This is a private event, and as such, we reserve the right to remove any person from the event at any time without refund for noncompliance with these terms.

Acknowledgement

You acknowledge that you are over 18 years of age or older and upon booking your retreat you understand and agree with the above Booking Terms and Conditions and our below Privacy Policy.

Rise UP Method Online Programs and Coaching Terms

IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING BODYMINDSOUL INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, TRAINING, MENTORSHIP AND PROGRAMS ASSOCIATED WITH BODYMINDSOUL, THE SOUL LEGACY METHOD OR AMANDA MCKAYS WOMENS’ EMOTIONAL HEALTH COACH. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:

YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. This Agreement (“Agreement”) is a legal contract between BODYMINDSOUL NZ LTD located at Cowan Bay Rd, Poehuehue, Auckland (“BodyMindSoul”), and the Student

WHEREAS, BodyMindSoul NZ Ltd is engaged in this business of online coaching programs and wellness retreat services; and WHEREAS, YOU desire to engage BdoyMindSoul to provide healing to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation; NOW, THEREFORE, the Parties agree as follows:

SECTION 1: Membership and Program Fees

1.1. Programs: Under the terms of this Agreement, BodyMindSoul agrees to provide coaching and training services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee. The program is an online course which includes access to The Soul Legacy method training modules

1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee.

1.1.3. Termination: BodyMindSoul may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.

1.2. Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay the full program fee upfront before access to the course or you have agreed to a payment plan of which you will continue to pay until full program fee is paid off within 3 months of accepting these terms.

1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by BodyMindSoul, YOU affirmatively agree and acknowledge that BodyMindSoul may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s).

1.4 Support Calls: If done in a group format the support calls shall be recorded and shared to existing and future BodyMindSoul students. All private material and private consultations shall be kept completely confidential should the material ever be published outside of the BodyMindSoul or The Soul Legacy Method Program.

Section 2: WARRANTIES

2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that BodyMindSoul provides Program(s) related to training and coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success, transformation and growth.

2.2. Limited Liability: In no event will BodyMindSoul be liable to YOU or any party related to you for any damages, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if BodyMindSoul has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

2.3 Refund Policy: No refunds will be issued policy.

SECTION 3: Confidentiality

3.1. Confidentiality: Only authorised users, who have duly attained access to any Programs offered by BodyMindSoul by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorised by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.

3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations,

Documentation, and other elements of the program are the sole Intellectual Property of BodyMindSoul under copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and BodyMindSoul, BodyMindSoul and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of BodyMindSoul whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that BodyMindSoul uses in connection with services rendered by BodyMindSoul are marks owned by BodyMindSoul. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

SECTION 4: Miscellaneous

4.1. Non-transferability: The rights and obligations under this Agreement are personal to You. You may not assign or transfer any rights or obligations under this Agreement.

4.2. Indemnification: You will, at your own expense, defend, indemnify, and hold BodyMindSoul, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.

4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and BodyMindSoul concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with BodyMindSoul relating to the Program, whether oral or written.

4.4. Amendment: BodyMindSoul reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement

4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America & New Zealand. The venue for any dispute shall be in Auckland, New Zealand.

BY PURCHASING ONLINE PROGRAMS, COACHING AND MENTORSHIP PROGRAMS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT REFUND POLICY, AND CONFIDENTIALITY.

FULL NAME: ________________________________________ (Student)

SIGNED: ____________________________________________ (Student)

DATE: _______________________________________________