Booking Terms & Conditions for Busy With Books reading retreats
Thank you for your interest in one of our reading retreats. Please read the following terms and conditions before proceeding.
This Agreement, hereinafter referred to as the “Agreement,” is made between the Retreat organiser (“Organiser”), specifically as follows:
Busy with Books, organised under the laws of New Zealand, having its principal place of business at the following address:
131A Seaview Road
5032 Paraparaumu
New Zealand
Website address: www.busywithbooks.com (the “Website”)
Email: hello@busywithbooks.com (the “Business Email”)
Telephone: +64 0223422102
and you, as a user of this website and guest of the retreat (“Guest”).
Your attendance at the Retreat, as defined below, is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking “Purchase,” “Confirm,” “Attend,” “Pay”, or undertaking any other affirmative action manifesting your intent to attend the Retreat, including providing the Organiser with credit card or billing information to be charged for attendance at the Retreat, you acknowledge and agree that you are entering into a legally binding agreement with the Organiser.
YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR CONSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO ATTEND ANY OF THE ORGANISER’S RETREATS.
Organisers and Guests may be referred to individually as the “Party” and collectively as the “Parties.” Additional details regarding the Retreat, such as included meals and amenities, transportation, etc., if applicable, will also be included on a page shown to you prior to full purchase or provided to you through emails and additional communications prior to the Retreat. Any such page is hereby incorporated by reference and shall be considered part and parcel of this Agreement.
Article 1 – Confirmation:
In order to purchase the Retreat package, the following steps must be taken: In order to complete the Retreat purchase, Guests must purchase a ticket individually through the Website listed above. Any documents or files which are exchanged between Guest and Organiser are hereby incorporated by reference into this Agreement.
At the conclusion of these steps, you will receive a confirmation email which will outline the details of your completed registration. If you do not receive a confirmation email within five (5) days of completing your registration, please contact the Organiser.
The Organiser may request the provision of additional information, such as identification and travel information and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the Retreat, including the itinerary.
Please be advised the itinerary is subject to change and may be modified by the Organiser at any time. You hereby acknowledge and agree that the Organiser has a right to do so for any reason, including, but not limited to weather, third-party vendors or providers, and any local circumstances which the Organiser deems unfit for travel.
Article 2 – Retreat Payment and Private Day Retreat Payment:
At the time of booking the Retreat, you must provide a non-refundable deposit or pay in full per Retreat. Payments may be made via credit card. The Retreat must be booked, and the Deposit paid prior to the Retreat start date. If you pay a deposit, the remaining balance is due approximately 2 weeks before the Retreat and will be charged automatically. If the balance is not paid within 5 days, you acknowledge and agree that the Organiser has a right to sell your ticket to someone else and you won’t receive a refund for your deposit.
Article 3 – Cancellations:
The Organiser reserves the right to cancel if Total Fees are not received prior to the departure date of the Retreat. The Organiser may also cancel the Retreat for any reason, unrelated to an individual Guest, in the Organiser’s sole and exclusive discretion. If the Organiser cancels for any commercial reason, all Guests are entitled to receive back any and all monies paid to the Organiser. However, the Organiser shall not be responsible for any additional fees paid by the Guest to any third parties, such as tour groups, travel companies, airfare, etc.
If Guests wish to cancel, a written notice of such cancellation must be sent to the Organiser via email. In the event of Guest cancellation, any refund of the Deposit or Total Fees will depend on the date of cancellation as follows:
Deposits to hold space are non-refundable, however, if due to the pandemic or any unforeseen circumstances, the trip is moved to new dates, the deposit will be moved or a full refund will be given. Your deposit is transferable to another attendee found and assigned by you, the original attendee.
If you cannot attend, you can transfer your ticket to another attendee found and assigned by the original attendee at any time with a $99 processing fee.
Cancellations with more than 12 weeks’ notice before the booked retreat will receive a full refund, minus a a $99 processing fee.
Cancellations with 8-12 weeks’ notice, can expect a 50% refund, minus a a $99 processing fee.
If you cancel within 8 weeks of the booked retreat we are unable to offer a refund but tickets may be transferable to another attendee found and assigned by the original attendee or to a different retreat.
Article 4 - Additional Items:
You are solely and exclusively responsible for maintaining up-to-date and valid travel documentation, such as passports, as well as any required and applicable travel visas, immunisations, or other required documentation for the locations being visited. The Organiser is not liable or responsible for any Guest being denied entry or exit to or from any location or country.
The Organiser may coordinate with third parties to provide some or all of the services for the Retreat. You acknowledge and agree that in order to participate in the Retreat, you must agree to the terms and conditions for any third-party services. If the Organiser works with another party to plan the entire Retreat, including lodging, airfare, tours, and any other services, you must agree to that third party’s terms and conditions to participate in the Retreat. The Organiser will not provide a refund if you are denied any third-party Retreat services because you failed to agree to that third party’s terms and conditions. The Organiser does not accept any liability for loss, damage or theft of your personal effects, it is your responsibility to ensure you keep your valuables secure.
While we try to accommodate your dietary needs, we cannot guarantee an allergy-free diet as the kitchens we use are not entirely under our control. The Organiser will not assume any liability for adverse reactions from the food consumed, or items one may come in contact with whilst staying at the property.
Article 5 - Travel Insurance:
All guests are strongly encouraged to purchase and maintain travel insurance during the entire length of the Retreat (including through the return date). Guests who choose to purchase coverage are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should ideally include, but not be limited to illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities.
The Organiser is not responsible or liable for any loss, damage, expense, cost, or any other travel issue. Guests may fail to purchase travel insurance at their own risk.
Article 6 - Media Release:
You acknowledge and agree that before and during the Retreat, you may be subject to photographs, video, sound recordings, or other media captures of your face, name, voice, or likeness. In consideration for your participation in the Retreat, you hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitisation, and/or re-release of the Released Media, as defined below, by the Organiser, as well as any employees, affiliates, associates, representatives, or agents (collectively referred to as the “Release Receiver”) for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.
The Released Media will include but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereinafter developed, captured of you or your likeness before and during the Retreat by the Release Receiver.
You hereby release the Release Receiver from any and all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights. You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released Media.
You give consent to the use of this Released Media while knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party in any medium by known or previously known location, email or physical address, or any other contact details, such as phone number.
Article 7 - Health Eligibility:
Your participation in the Retreat indicates your acknowledgment and agreement with, as well as your warranty of, the following statements:
(a) It is my responsibility to consult a physician before participating in this or any Retreat to affirm that I have no medical conditions that would restrict me from participating in the Retreat.
(b) I agree to hold the Organiser, and if applicable, its employees, owners, agents, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Retreat. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.
(c) I agree that if I do experience medical issues, I will contact my doctor immediately.
(d) I agree and verify that all of the information that I have given the Organiser and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
(e) I agree and verify that If I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the Organiser harmless against all liability for any damages that may occur to myself or to others because of my actions or inactions.
(f) I agree to keep the Organiser apprised of any changes or upcoming changes concerning my physical health and personal information.
(g) I understand and agree that it is my responsibility to let the Organiser know if I find myself in any pain or discomfort before, after, or during the Retreat.
(h) If I do require medical treatment or attention while or after participating in the Retreat, I agree that the medical costs are mine and mine alone and hold the Organiser blameless from any charges, fees, or costs that my conditions may incur.
(i) I specifically acknowledge and agree that these clauses are not intended to be a general release, which would be limited under some local laws.
Article 8 - General Assumption of Risk:
You agree and understand that your participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm, as discussed above. Additional risks, such as those risks involved in being in another country, a country where medical services are not available, or a country with an unsteady political, cultural, or geographical climate, may also be present.
It is your responsibility to familiarise yourself with all possible risks involved in participation in the Retreat. You agree that the Organiser is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Retreat.
YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL THE INFORMATION DESCRIBED ABOVE AND THAT YOU ARE ATTENDING OF YOUR OWN WILL AND VOLITION. YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR THE ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. IN NO EVENT WILL THE ORGANISER BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
Article 9 - Use:
The Guest agrees not to use the Website or Retreat for any unlawful purpose or any purpose prohibited under this clause. The Guest agrees not to undertake any action which may damage the Organiser in any way. The Guest further agrees not to use the Website or Retreat:
(a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
(b) To violate any intellectual property rights of the Organiser or any third party;
(c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
(d) To perpetrate any fraud;
(e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
(f) To publish or distribute any obscene or defamatory material;
(g) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
(h) To unlawfully gather information about others.
Gang-related paraphernalia and affiliations are strictly prohibited at the Retreat. Guests displaying gang insignia or symbols will be denied accommodation or asked to leave. The Organiser reserves the right to refuse service to anyone who violates this policy or poses a threat to others.
The Organiser reserves the right to ask any Guests to leave whose behaviour is disruptive or threatening (no refund will be offered).
Pets are not allowed at the Retreat. Assistance animals may attend by prior arrangement, depending on the property and other guests attending.
Article 10 - Release of Liability:
The Guest hereby releases the Organiser, as well as any of the Organiser’s affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action that may arise from the Guest’s dispute with any other Guest.
Article 11 - Termination:
This Retreat Agreement shall continue until cancelled as specified above by either Party or until the Guest attends and completes the Retreat. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Article 12 - Intellectual Property:
The Guest acknowledges and agrees that the Organiser’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organiser or its affiliates, licensors, or suppliers.
The Guest acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organisation of the same are the intellectual property, proprietary, and confidential information of the Organiser and its affiliates, licensors, and suppliers.
The Guest expressly agrees not to do anything inconsistent with the Organiser’s ownership of all of the intellectual property discussed herein. The Guest further agrees that there are no rights, title, or interest in or to any of the Organiser’s Intellectual property. In addition, the Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of the Organiser or any third party.
Article 13 - Restrictions:
The Guest is prohibited from selling or reselling the Guest’s space in the Retreat, unless the Guest has specifically executed a written agreement with the Organiser that expressly allows for such activity.
Article 14 - Indemnification:
The Guest agrees to defend and indemnify the Organiser and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to the Guest’s use or misuse of the Website, the Guest’s attendance at the Retreat, the Guest’s breach of this Agreement, or the Guest’s conduct or actions. The Guest agrees that the Organiser shall be able to select its own legal counsel and may participate in its own defence, if so desired.
Article 15 - Representation:
The Guest agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement to attend the Retreat.
Article 16 - Severability:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
Article 17 - Dispute Resolution:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the region noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing local law as well as the law of New Zealand. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on national law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organiser will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Article 18 - Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any choice or conflict of law provision or rule.
Article 19 - Headings:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.