Kimi Ora Eco Resort Retreat Participant Agreement

IMPORTANT –  You must read and agree to these terms and conditions before registering for the eight days rejuvenating yoga retreat in New Zealand.

If you have read and agree to these terms and conditions, please go to the retreat booking form here and select your choice of accommodation. To accept our terms and conditions click on the box ‘Confirm’ at the end of the form. You will then be directed to our secure server for payment of the deposit. Please fill in a separate agreement for each person.

Your registration will not be accepted if you do not confirm agreement to these terms and conditions.

IMPORTANT: Each person attending must complete a separate Agreement and submit it separately online.

CONDITIONS OF BOOKING

Definitions:

  • ‘Retreat Participant’: You
  • ‘Retreat Organiser’: Jamila Knopp from Turning Point Clinic & Coaching
  • ‘Rate Schedule’: Rates listed in the Rate Schedule are non-refundable except as expressly provided herein.
  • ‘Retreat’: Refers to the period from arrival at the venue until departure from the venue and includes the yoga lessons, mindfulness classes, group coaching session and other indoor and outdoor classes and activities provided by the Retreat Organiser during the times stated and at the locations provided in the Schedule of Events, for the fees described in the Rate Schedule.
  • ‘Accommodation’: Kimi Ora Eco Resort studio unit accommodation
  • ‘Venue’: Kimi Ora Eco Resort, 99 Martin Farm Road, Kaiteriteri, RD2 Motueka 7197, New Zealand

 

Agreement:

  1. The Retreat Organiser shall provide the Retreat to the Retreat Participant as described in the Schedule of Events – click here.
  2. The Retreat Participant agrees to pay the Retreat Organiser the fees for the Retreat as described in the Rate Schedule – click here.
  3. The Retreat Participant understands that they shall not be permitted to engage in retreat activities until they have completed and signed a copy of the Yoga Retreat Participant Health History Form. This form will be e-mailed to you after you registered for the retreat.

Terms Of Payment:

  1. A NZ$720 non-refundable deposit is required to secure your place.
  2. Full payment is due three months prior to the retreat.
  3. This amount must be paid by credit card online and is subject to clauses 29 and 30 below.

Rate Schedule:

  1. Single occupancy – the single occupancy rate is NZ$3,895 per person.
  2. Double/twin occupancy – the occupancy rate for double or twin occupancy is NZ$3,195 per person.

Inclusions:

  1. The following items are included in the retreat package: 
  • 9.1 Daily yoga and mindfulness classes (click here for Schedule of Events. A full itinerary will be distributed once the deposit payment is received).
  • 9.2 7 nights, 8 days accommodation at Kimi Ora Eco Resort in Kaiteriteri (twin share or single occupancy).
  • 9.3 Use of the Kimi Ora Eco Resort Aqua Centre, swimming pools, spa pools, saunas and steam room.
  • 9.4 Three tours: Maori Waka tour, Abel Tasman National Park tour, and Riwaka Resurgence Natural Springs tour.
  • 9.5 Two group life-coaching sessions.
  • 9.6 Daily continental breakfast buffet and vegetarian dinners. Lunch on the last day only.
  • 9.7 Wifi.

 

Exclusions:

  1. Retreat Fee does not include:
  • 10.1 Any Airfares to and from New Zealand and within New Zealand.
  • 10.2 Transfers to and from the Airport.
  • 10.3 Any meals not listed above.
  • 10.4 Beverages.
  • 10.5 Personal laundry or telephone calls.
  • 10.6 Travel, accident, baggage, health, life insurance or any other insurance.
  • 10.7 Private excursions, recreational activities not mentioned in the Schedule of Events.

 

Description Of The Retreat:

  1. The Retreat consists solely of the yoga classes, mindfulness classes, two group life-coaching sessions and three other activities (Maori Waka tour, Abel Tasman National Park tour, and Riwaka Resurgence Natural Springs tour).
  2. It is anticipated that you will book single occupancy if you intend to attend the retreat alone. However, should you prefer a double occupancy, and there is another suitable single occupant who also wishes a double occupancy, you must arrange this independently with the Retreat Organiser. Where such double occupancy is elected the Retreat Organiser holds no responsibility in respect of any damage or liability arising as a result of the actions of either party during such occupancy and the Retreat Participant agrees to indemnify the Retreat Organiser in relation to any liability or damages arising from, or in relation to, the double occupancy.

Itinerary Changes:

  1. The Retreat Organiser reserves the right to make changes to the itinerary from time to time. The Retreat Organiser makes every effort to keep such changes to a minimum.

GENERAL TERMS

Medical Reservation Restrictions:

  1. Any prospective Retreat Participant with a disability, pre-existing medical condition, or medical history requiring special attention or treatment, should advise the Retreat Organiser at time of booking the reservation and is advised to consult with a medical specialist prior to reserving space in the Retreat. People who are unable to travel alone or who would require special assistance are not suited to attend this Retreat.

Insurance:

  1. All travel, medical, accident, cancellation, and baggage insurance are the responsibility of the Retreat Participant. The Retreat Organiser bears no responsibility whatsoever for the Retreat Participant’s insurance.

Passport:

  1. The Retreat Participant understands and agrees that it is his/her obligation and responsibility to timely ensure that he/she has a valid passport for entry into New Zealand, which must have at least 6 months validity as at the date of entering New Zealand.

WAIVER

General Waiver:

  1. The Retreat Participant (including their representative, executors or assigns) shall indemnify and hold the Retreat Organiser free and harmless from any and all claims, losses, damages, liabilities injury or death occurring during or arising from the Retreat activities. Such indemnity shall extend to all costs incurred by the Retreat Participant including, but not limited to, medical, transportation or legal fees. By agreeing to these Terms and Conditions, the Retreat Participant releases the Retreat Organiser and its representatives from all responsibility and liability.

Medical Waiver:

  1. The Retreat Organiser does not provide, has no duty to provide and does not purport to provide any counseling, psychological, psychiatric or medical advice or treatment in respect to any medical or health-related matter. No such services are provided as part of the Retreat.

Waiver of Inherently Dangerous Activities:

  1. The Retreat Participant acknowledges that he or she is willfully and with full knowledge participating in certain activities, including but not limited to yoga classes and physical exercise, that are inherently dangerous.

Waiver from Liability for Retreat Participant’s Travel and Conditions:

  1. The Retreat Organiser takes no responsibility or liability for, and the Retreat Participant expressly waives any right to hold the Retreat Organiser liable for:
  • 20.1 Any changes or delays in air schedules, missed airline or other carrier connections, or other services;
  • 20.2 Injury, loss, or damage to persons or property, including luggage;
  • 20.3 Additional expenses resulting from changes in exchange rates, tariffs, or schedule;
  • 20.4 Any defect in any vehicle or the act or default of any company or person engaged in conveying the Retreat Participants, or in carrying out the arrangements of the Retreat, or otherwise;
  • 20.5 Any additional expenses incurred or due to sudden sickness, weather conditions, strikes, or other causes or acts of God; and
  • 20.6 Any loss whatsoever resulting from cancellations.

 

Waiver of Liability for Retreat:

  1. The Retreat Organiser will carry out all arrangements pertaining to the Retreat, including accommodation and restaurant reservations in order to provide the workshops, classes, meals and tours described in the Schedule of Events.

Waiver of Liability for Third Party Service Providers:

  1. The Retreat Organiser shall not be liable for any third-party service providers in connection with its Retreat itineraries, including transportation, tours, activities, hotel accommodation, restaurants and other services, while the Retreat Participant is attending the Retreat. The Retreat Organiser shall not be liable for in any manner whatsoever and for any reason for any damage or injury to the Retreat Participant (including death) or property caused through the conduct or default of any contractor, company or individual engaged in providing these services.

Waiver of Liability for Retreat Accommodation:

  1. The Retreat Participant acknowledges that the Retreat Organiser will make certain arrangements including the Retreat accommodation, and day-to-day operation of the Retreat. As a condition for the provision of these services, the Retreat Participant expressly waives any right (whether in contract, tort, or both), to hold the Retreat Organiser liable for delay, theft, damage, injury, terrorism, or irregularities, however caused.

Right to Refuse Service:

  1. The Retreat Organiser reserves the right to accept, decline, or retain any person as a participant at the Retreat at any time. Where the Retreat Participant has breached any provision contained in these terms and conditions he or she may be excluded from the retreat and the Retreat Organiser shall not have any liability to that Retreat Participant nor any obligation to pay a refund or any other amount whatsoever.

Voluntary Departure from Retreat:

  1. The Retreat Organiser shall not be liable to any Retreat Participant who leaves the Retreat prior to its conclusion or undertakes any activity not included in the Schedule of Events nor shall the Retreat Organiser have any obligation to pay a refund to that Retreat Participant.

Disclaimer of Warranties:

  1. There are no warranties that extend beyond the description of the services provided on the face of this agreement. The Retreat Organiser disclaims any warranty of any other kind, including any warranty of fitness for a certain purpose.

Governing Law and Jurisdiction:

  1. This Agreement shall be interpreted in accordance with the laws of New Zealand, without giving effect to provisions as to conflicts of laws. Any disputes relating in any way to this Agreement will be resolved in the court located in Nelson, New Zealand, which court will have exclusive jurisdiction and venue over such dispute.

Modification of Agreement:

  1. This Agreement may be modified only by the written consent of both parties hereto. This Agreement, together with the Schedule of Events and Rate Schedule, represents the entire Agreement between the Retreat Participant and the Retreat Organiser. There is no other contract or agreement between the Retreat Participant and the Retreat Organiser, stated or implied. There shall be no waiver of the rights of the Retreat Organiser by the failure to enforce that or any other right hereunder. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of the rest of the Agreement.

REFUNDS AND CANCELLATIONS

Cancellations by Retreat Participants:

  1. All requests for cancellation must be submitted in writing, via email to jamila@turningpointnz.com. Regardless of the reason for cancellation, those canceling their booking will forfeit their Non-Refundable Deposit, which is payable at the time of executing this Agreement. Retreat Participant will be entitled to a refund of a portion of the Retreat Fee in the amounts provided below:
  • 29.1 If the notice of cancellation is received prior to 60 days before the Retreat, a refund of 100% of the amount remaining of the Retreat Fee after deducting the Non-Refundable Deposit;
  • 29.2 If the notice of cancellation is received at least 60 days before the Retreat, a refund of 75% of the amount remaining of the Retreat Fee after deducting the Non-Refundable Deposit;
  • 29.3 If the notice of cancellation is received at least 45 days before the Retreat, a refund of 50% of the amount remaining of the Retreat Fee after deducting the Non-Refundable Deposit;
  • 29.4 If the notice of cancellation is received at least 35 days before the Retreat, a refund of 25% of the amount remaining of the Retreat Fee after deducting the Non-Refundable Deposit.
  • 29.5 Regardless of the reason for cancellation: There will be no refund whatsoever if the notice of cancellation is received 34 days before the Retreat or later.

 

Cancelation by the Retreat Organiser:

  1. Although unlikely, the Retreat Organiser reserves the right to cancel the Retreat due to low enrolment. Should the Retreat Organiser cancel the Retreat, she will refund all monies received from Retreat Participants. In the event this happens, the Retreat Participant agrees that he/she is entitled to only and will accept only the refund of all monies received by the Retreat Organiser as the Participant’s sole remedy and entire compensation in relation to the Retreat. The Retreat Organiser shall have no other obligation, duty or liability to the Retreat Participant for any loss, injury, refund or other claims whatsoever.

Privacy:

  1. Please refer to the Privacy Statement on the website – click here.

By agreeing to this Retreat Participant Agreement, the participant releases the Retreat Organiser and its representatives from all responsibility and liability.

If you have read and agree to these terms and conditions, please go to the retreat booking form here and select your choice of accommodation. To accept our terms and conditions click on the box ‘Confirm’ at the end of the form. You will then be directed to our secure server for payment of the deposit. Please fill in a separate agreement for each person.

IMPORTANT: Your registration will not be accepted if you do not confirm agreement to these terms and conditions.

I understand this Agreement constitutes a contract between myself (Retreat Participant) and Jamila Knopp (Retreat Organiser) and I agree to these terms and conditions of my own free will.