TERMS AND CONDITIONS OF USE
Last Updated on 27 / 03 / 2026
These are the official Terms and Conditions of Use for Et Bon PTY LTD, operating under the business name, Bonté Retreats, located at Brunswick East, VIC Australia, 3057, herein known and referenced as “Company,” “Our,” “We,” and “Us.”
Our email is [email protected]. “You” and “Your” refers to users of this Company’s website, communications, products, services and related materials, herein known as “Offering.”
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses.
GENERAL PROVISIONS
This website is owned and operated by Company.
You must be at least eighteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & PURCHASER AGREEMENT
All Offerings are owned and provided by Company. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at the contact details listed at the top of this agreement, and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).
YOUR PRODUCT OR COURSE USE AND CONSENT
When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of the age of majority in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Company, or the properly attributed party. It is a violation of applicable law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.
PRODUCT REVIEWS
We may ask You to leave a rating and/or review of Your purchase. If You choose to write a review, You must comply with the following guidelines:
We reserve the right to accept or reject Your review at our sole discretion. Reviews are not Our opinions or beliefs. We do not assume any liability for any review or for any claim, issue, liability or loss resulting from any posted review. By posting a review, You hereby grant to Us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MODEL RELEASE
You must own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Offering or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.
INTELLECTUAL PROPERTY
LIMITED LICENSE
Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Company.
To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.
You may:
You may not:
REQUEST FOR PERMISSION TO USE CONTENT
If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us.
CIVIL AND CRIMINAL PENALTIES
Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Our location by opting into or purchasing any Offering or accessing its related communications and/or materials.
SECURITY AND ASSUMPTION OF RISK
SECURITY
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. To the best of Our abilities, We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or other third party payment processors, as selected by You at checkout. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by Our jurisdiction’s laws, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us.
EARNINGS DISCLAIMER
You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).
GENERAL DISCLAIMER
To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.
THIRD-PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
WARRANTIES DISCLAIMER
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider. To be clear, you hold Us and Flodesk, Inc. harmless from any claims arising out of any technological failure except in the unforeseen case of gross negligence, as determined by industry standards.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
INDEMNIFICATION
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) .
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).
TERMINATION
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
FINANCIAL CONSIDERATIONS
PURCHASES AND PAYMENT
You authorize Us to charge your chosen payment provider for the total amount stated on Your checkout cart screen. You agree to abide by the terms and conditions of Your card issuer agreement and any other applicable third party agreement that may affect Your purchase with Us. You agree to provide current, accurate and complete details as requested to process your payment. If necessary, You agree to update your payment information in a timely manner so We can complete any outstanding orders and/or contact You as needed.
We reserve the right to change our prices for new purchases at any time.
You agree to pay any applicable shipping and/or handling fees as stated on your checkout cart screen.
YOU MAY BE CHARGED UPON RENEWAL
If You purchased or signed up for an Offering that is recurring or which Offering renews automatically, by providing your payment information, You authorize Company to charge your card for future payments of such Offering.
Cancellation. You may cancel any Offering that is recurring or which renews automatically by contacting Company.
ERRORS OR MISTAKES IN PRICING
We reserve the right to correct any errors or mistakes in pricing, even if We have already received payment. Any such changes will be conveyed in writing via email to notify You of Our correction and to allow You to take the most appropriate action in the event of such a correction or mistake.
REFUNDS AND RETURN POLICY
Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.
PROMOTIONAL PRICING DEVICES AND PRICE ADJUSTMENTS
We are not able to accommodate a price adjustment after Your purchase.
CHARGEBACKS
You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of Our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
REVOCATION OF ACCESS
You have the unilateral right to terminate Your use and access to any of Our Offering(s). Please send an email to Us to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
CURRENCY
All payments will be processed in the local currency, or if not specified at checkout, in US Dollars.
TAXES
Sales taxes will be applied to your order as required by law in either Your or Our local area(s).
ORDER REVERSAL OR CANCELLATION
We reserve the right to refuse to fulfill any order placed on Our website, in part or in full, and will issue a refund accordingly. We reserve the right to limit or cancel quantities purchased by any given user or household at our sole discretion. We may restrict order quantities based on personal data provided by You, such as orders placed under the same customer account, orders placed on the same payment method, and/or orders that use the same billing and/or shipping address.
NO RESELLING OR DISTRIBUTION OF OUR OFFERING
We expressly prohibit orders that, in Our sole discretion, appear to be placed in an attempt to resell Our Offering. We expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to Our site in any lawful way possible if we discover your prohibited use(s).
DISPUTE RESOLUTION
If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
NON-DISPARAGEMENT
If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.
ENTIRE AGREEMENT
Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with Our country’s law. Any dispute arising out of or related to the information contained herein is subject to adjudication in Our company’s local courts.
CONSENT
By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.
If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
WALKING CLUB AND SUNSHINE COAST RETREAT TERMS & CONDITIONS AND LIABILITY WAIVER
ET BON PTY LTD (ABN: 28 696 233 815) trading as Bonté Retreats
Thank you for making a booking with ET BON PTY LTD trading as Bonté Retreats (Bonté Retreats) for either:
together referred to as the Activities.
We look forward to having you as part of the Activities.
1. Agreement
By proceeding with Your booking with Et Bon, You warrant that You have read and agree to these Terms and Conditions.
The following constitutes a legally binding contract between You and Et Bon (Agreement):
(a) booking confirmation and booking invoice;
(b) these Terms and Conditions;
(c) the accompanying Release and Waiver; and
(d) any details provided to You in writing regarding the Activities.
2. Party and Activity Details
(a) Your details are as provided by you on the registration page https://bonte.myflodesk.com/walkingclubsignup/checkout (You/Your).
(b) Details of the Retreat and/or Walking Club are set out on the relevant information page https://bonte.myflodesk.com/walkingclubsignup (Information Page).
(c) The applicable fee (Fee) is set out on the Information Page.
3. Registration and Payment
(a) All bookings require upfront payment in full unless otherwise stated.
(b) All payments are non-refundable, subject to your rights under the Australian Consumer Law.
(c) Your place is not secured until payment has been received.
4. Retreat-Specific Payment Terms
(a) If booking the Retreat, full payment must be made no later than 90 days prior to the Retreat commencement date, unless booked within that period, in which case full payment is required at booking.
(b) If payment is not received by the due date, Your place may be forfeited.
(c) Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are exclusive of goods and services tax (GST) as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
5. Fee Inclusions and Exclusions
5.1 Retreat Inclusions
The Retreat Fee includes:
5.2 Retreat Exclusions
The Retreat Fee excludes:
5.3 Walking Club
Walking Club fees cover participation in online movement sessions only, unless otherwise specified.
6. Cancellation Policy and Refunds
6.1 Cancellation by Et Bon
Et Bon reserves the right to cancel any Walking Club online Activity. If this occurs, We will reschedule the online activity. We are not responsible for any additional costs incurred by You.
Et Bon reserves the right to cancel the Retreat at any time prior to the Retreat at any time prior to the Retreat Commencement Date as outlined on the Retreat Information Page. If this occurs, You will receive a full refund of the Retreat Fee paid. In no circumstances will Et Bon be responsible for any other amounts including but not limited to airfares, accommodation, losses, damages or preparation costs.
6.2 Cancellation by You
(a) All payments are non-refundable.
(b) If You are unable to attend, You may request to transfer Your place to another person, subject to approval.
6.3 Cancellation During Activity
(a) If You choose to leave early or not attend, no refund will be provided.
(b) If Your participation is terminated due to breach of this Agreement, no refund will be provided and any associated costs are Your responsibility.
7. Force Majeure
(a) If the Retreat is delayed or cancelled as a result of unforeseen circumstances or causes beyond Et Bon’s control including but not limited to: natural events or disasters such
as volcanic eruptions, storms, tsunami or general inclement weather, or a strike, lock-out, shortage of labour and/or supplies, a pandemic, riot, political or civil disturbances; You agree that, to the extent permitted by law, You will not have any claim against Et Bon for damages or otherwise, except where such claim arises from Et Bon’s negligence or breach of this Agreement.
(b) If a force majeure event occurs, Et Bon 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.
8. Informed Decision
(a) Before signing these Terms, You acknowledge and agree that Et Bon is not a travel business, and that Et Bon 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 Et Bon that describes the Retreat and Walking Club program.
(c) You are responsible for yourself while participating in the Retreat and/or Walking Club program, and the potential health, safety, and other risks associated with Your participation in the Retreat and/or Walking Club program, including but not limited to accidents or illness, 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/or Walking Club program, and the responsibilities and risks involved, and You have willingly and freely assumed any and all risks associated with domestic and international travel, the Walking Club program, and the Retreat in general.
9. Responsibility for Preparation
You warrant that Your physical condition and health are suitable to participate in the Activities and that You will take any necessary medical precautions.
If attending the Retreat, You agree to complete an additional registration form and Waiver, that will be sent to you prior to the Retreat commencing.
10. Intellectual Property Rights
(a) You agree that any documents, materials or information produced or developed by Et Bon or under Et Bon’s direction pursuant to or in the course of providing the Walking Club and/or Retreat will remain the sole and complete property of Et Bon.
(b) If Et Bon provides any intellectual property to you as part of the Walking Club and/or Retreat (such as workbooks or presentation notes or slides), Et Bon grants You a non- exclusive and non-transferable license to use that material only for the purpose of participating in the Walking Club and/or the Retreat.
(c) There is no assignment of intellectual property rights by Et Bon to You under this Agreement.
11. Confidentiality
(a) All obligations of confidentiality set out in this Agreement continue in full force and effect after the Retreat and/or Walking Club 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 and/or Walking Club. 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:
(a) 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;
(b) if the disclosure is required by applicable law or regulation; or
(c) if the confidential information is already in the public domain at no fault of the other party.
12. Insurance
Et Bon 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.
13. Health and Medical
13. Health and Health Insurance
(a) Where applicable, You acknowledge that You are responsible for obtaining all recommended and necessary immunisations.
(b) You warrant that You are responsible for educating and informing yourself and discussing with your health care provider diseases, illnesses, and other health concerns that may result from travelling and participating in the Retreat and/ or Walking Club.
(c) You further warrant that you have been examined by a qualified physician of your choice; that such physician was in possession of all pertinent facts concerning You and the Retreat and/or Walking Club; and that such physician has advised You of the medical advisability of participation.
(d) You assume all risk and responsibility for your medical needs while a participant in the Retreat and/or Walking Club and acknowledge that Et Bon is not responsible for the provision and quality of medical treatment or hospital care received while such a participant.
4(e) In the event of a medical emergency, however, You authorise Et Bon to take action deemed in good faith to be necessary for your health and safety.
(f) You assume full financial responsibility for, and release Et Bon from any and all liabilities resulting from the good faith exercise of this authority.
14. Changes to Activities
(a) While Performance Pilates & Yoga makes every effort to ensure all published itineraries and
information is up to date, accurate and kept consistent for the duration of the Retreat, it reserves
the right to make changes at any time should this be necessary.
(b) All aspects of the Retreat including the duration, staffing, itinerary, or other details of the Retreat may be cancelled, curtailed, altered, or modified without prior notice or obligation to You if Performance Pilates & Yoga deems it necessary to do so due to conditions that could be
hazardous, dangerous, adverse or threatening. Performance Pilates & Yoga may also deem it
necessary to make these changes due to an act or omission of a third party or any other reason
that prevents any aspects of portions of the Retreat from being commercially necessary. Should
any actions be taken under this provision, a refund will not be issued.
15. Compliance with Laws, Regulations and Rules
(a) You will abide by all laws of all places visited, including but not limited to laws governing the use of alcohol and drugs. If You choose to consume alcohol, as allowed by law in any relevant
jurisdiction, You agree to do so responsibly and at Your sole risk.
(b) You agree to comply with all rules, regulations, and standards of conduct applicable at any time during the Retreat and/or Walking Club.
16. Photography, Video and other Media Release
You agree that by participating in the Retreat and/otr Walking Club You grant Et Bon, its agents, representatives, licensees and 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, subject to reasonable and appropriate use in accordance with Australian Privacy Principles and provided such use is not derogatory or defamatory. or You understand that this media may be used for the following purposes: social media, marketing, email and other associated uses.
You may withdraw your consent for the use of your image at any time by written notice to us, though we cannot recall previously published materials.
17. Possession of Legal Documents
If applicable, at all times during Your travel, You agree to be in possession of a valid Australian
passport and if not an Australian citizen, a valid foreign passport, or official travel document and any visas (e.g. tourist or student visa) or other immigration documents required for entry into a foreign country and re-entry into Australia.
18. Release of Claims
(a) To the maximum extent permitted by law, You, individually, and on behalf of Your heirs,
successors, assigns and personal representatives, hereby release fully and finally from any and
all liability, claims, loss, suits, demands and damages, brought by You (or including by any third
party as a consequence of any act or omission of You) and covenant not to sue E Bon 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 and/or Walking Club, except in cases of gross negligence or willful misconduct. You agree to indemnify Et Bon for any third party claims arising from Your conduct during the Retreat.
(b) It is understood and agreed that Et Bon will 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 and/or Walking Club, or any Retreat and/or Walking Club participant, and Your participation on any tour or transportation or event or activity will be solely at Your own risk.
(c) Further, You must not engage in any activities while intoxicated or under the influence of any
substance. If You do engage in any activities which involve a risk to person or property, You do so at Your own risk, subject to any non-excludable guarantees under the Australian Consumer Law and agree Et Bon will not be liable for Your actions, safety, loss and damage except in cases of gross negligence or willful misconduct.
19. Dispute Resolution and Mediation
If a dispute arises out of or relates to these Terms, neither party may commence court proceedings (except proceedings seeking interlocutory relief) unless they have first complied with this clause. The parties must attempt to resolve the dispute through mediation administered by the Australian Disputes Centre (ADC) in accordance with the ADC Rules for Mediation operating at the time the dispute is referred to ADC.
20. Mailing List Registration
By accepting these Terms, You agree to have your name and email address included on Et Bon’s email list, as well as the email list for joint Retreat hosts as applicable, in accordance
with the Spam Act 2003 (Cth). You agree to receive communications from these parties in relation to promotional material, updates and other content. You have the right to unsubscribe from these lists at any time by following the unsubscribe option in the emails, and we will process your unsubscribe request within 5 business days.
21. Modification
These Terms will not be modified except by written agreement signed by the parties.
22. Governing Law
These Terms are to be governed by the laws of Melbourne, Australia.
23. Severance
In the event that any provision of this Agreement or its application to any person or circumstance is invalid or unenforceable, the validity or unenforceability will not affect the validity or enforceability of the provision to the other persons or circumstances, and the provisions will remain in full force and effect.
24. Assignment
(a) You agree Et Bon may delegate and/or subcontract any obligations under this Agreement for the purpose of providing the Services, as required and at the discretion of Et Bon, to any party without Your consent. If Et Bon does exercise its rights under this clause, Et Bon remains liable and responsible to You in respect of the Services.
(b) You agree Performance Pilates & Yoga may assign or novate this Agreement or part of this
Agreement to any party upon providing You with written notice of such assignment or novation.
25. Agreement
You acknowledge that prior to signing these Terms:
(a) You have read these Terms;
(b) You have had a reasonable opportunity to seek and obtain independent legal advice about the Agreement’s effect;
(c) You understand these Terms and all documents and information that form the Agreement
between the parties; and
(d) You have entered into this Agreement freely and voluntarily. You
voluntarily accept the terms and conditions of this Agreement and execute it with the understanding that Et Bon will rely on the statements and warranties provided by You.
26. Click-Wrap Acceptance
By ticking the acceptance box and completing your booking, You:
ACTIVITY RELEASE AND WAIVER
The Activities include hiking, walking, yoga, and other physical and recreational activities.
By agreeing to this waiver, You acknowledge and agree that:
Click-Wrap Acknowledgement
By ticking the acceptance box at checkout, You confirm that: