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THE GATHER PROJECT

Terms and Conditions

1. Who these terms are between

These Terms govern your participation in any retreat, workshop or event ("Retreat") run by Daniela Cooper trading as The Gather Project Australia, ABN 53 504 419 187 ("we", "us", "our", "The Gather Project").

In these Terms:

"You" means the adult who makes the booking and enters into this agreement.
"Participant" means each person attending under your booking, including any child.
"Child" means a Participant under 18 years of age.
"Venue" means the property where the Retreat is held, including all buildings, paddocks, the swimming pool, water features, fire areas and surrounding land.

By completing a booking, paying a deposit, or attending a Retreat, you agree to these Terms on your own behalf and on behalf of every Participant in your booking. If you are booking for a Child, you confirm you have parental responsibility for that Child and authority to agree to these Terms for them.

Where any part of these Terms is inconsistent with a separate written agreement you have signed with us, that separate agreement takes priority to the extent of the inconsistency.

Retreats are currently held in Western Australia.

2. Bookings and payment

2.1 Prices. All prices are in Australian Dollars. GST does not apply.

2.2 Deposit. A deposit of AUD$350 is required to secure your place. The deposit is non-refundable and is applied to the total price of your Retreat. The deposit reflects costs we commit to and cannot recover once your place is reserved, including venue allocation, facilitator engagement, catering commitments and administration.

2.3 Instalments. Where you are on a payment plan, instalments fall due on the dates in your payment schedule. Your payment schedule is confirmed at the time of booking. All payments must be received in full before the Retreat commences. We may decline entry to a Participant whose fees are not paid in full by the start of the Retreat.

2.4 Payment plan pricing. Where you pay by instalments, a small administration fee applies. It is included in the total shown on your payment schedule, and it is less than 10% of the retreat price.

2.5 Failed payments. If an instalment fails or is not received within 7 days of its due date, we will get in touch. If your payments are not brought up to date within 28 days of the due date, we may cancel your booking, and clause 3 applies. We do not charge you for bank or processing fees on a failed payment.

2.6 Hardship. If you are struggling to meet a payment, tell us before the due date. We will always try to work something out with you.

2.7 Chargebacks. If you initiate a chargeback or payment dispute for a payment properly owed under these Terms, we may recover from you the disputed amount plus any fees charged to us by our payment provider.

3. If you cancel or need to change your booking

3.1 Our position. We understand that life happens. While we're unable to offer any refunds, your booking is transferable. You're welcome to pass your spot to someone who'll love the experience just as much as you would have. Simply let us know in writing and we'll take care of the rest.

3.2 Why. Retreats are small by design. When you take a place, we turn others away, and our costs are committed well before the Retreat begins.

3.3 How a transfer works. Let us know in writing at any time before the Retreat. The incoming person needs to meet the eligibility criteria for that Retreat and complete our health and risk declaration. We won't unreasonably withhold acceptance. Any balance owing stays payable in full, and any arrangement between you and the incoming person about money is between the two of you.

3.4 Partial attendance. No refund or reduction applies if you arrive late, leave early, or choose not to take part in any activity.

4. If we cancel or change a Retreat

4.1 Changes to the programme. We may vary the itinerary, activities, facilitators, accommodation or Venue where reasonably necessary, including for weather, safety, availability or operational reasons. We will tell you promptly and, where we can, in advance.

4.2 Rescheduling. If we need to reschedule a Retreat, we will offer you a choice of three alternative dates. If none of those dates suit you, your booking is forfeited. Your place remains transferable under clause 3.3 to the rescheduled date.

4.3 Cancellation by us. If we cancel a Retreat outright and do not offer an alternative date, we will refund everything you have paid.

4.4 Events outside our control. Where a Retreat cannot proceed because of an event outside our reasonable control, including extreme weather, bushfire, flood, road closure, epidemic, public health direction, or loss of access to the Venue, we will offer a transfer to a future Retreat or a credit for the full amount paid.

4.5 Your own costs. We are not responsible for your travel, accommodation, time off work or other costs incurred in connection with a Retreat we change or cancel. We strongly recommend travel insurance.

5. Conduct, and our right to ask someone to leave

5.1 What we expect. Everyone at a Retreat, adults and children alike, agrees to:

Treat other Participants, facilitators, staff, contractors and Venue owners with respect;
Follow reasonable directions from facilitators and staff, particularly any direction relating to safety;
Stay within permitted areas and out of restricted areas (see clause 8);
Respect the privacy and physical boundaries of others;
Respect the Venue, its animals, its equipment and its neighbours;
Not use alcohol or illicit drugs at any time during the Retreat (see clause 11).

5.2 Grounds for removal. We may require any Participant to leave a Retreat immediately where, acting reasonably, we consider that:

a) The Participant's behaviour poses a risk to the safety or wellbeing of themselves or any other person;

b) The Participant's behaviour is abusive, threatening, violent, harassing, discriminatory or sexually inappropriate;

c) The Participant's behaviour is materially disrupting the Retreat for other Participants and has not changed after a request from us;

d) The Participant is under the influence of alcohol or illicit drugs, or is in possession of illicit drugs;

e) The Participant has failed to disclose, or has misrepresented, information required under clause 6, and the undisclosed matter affects safety or the level of support required;

f) The Participant's support needs materially exceed what was disclosed at booking and what we can safely provide with the staffing and resources in place (see clause 7);

g) The Participant repeatedly refuses to follow a safety direction;

h) The Participant damages property, or mistreats an animal;

i) A parent or guardian is not providing the supervision required under clause 9.

5.3 How we will handle it. Except where there is an immediate risk to safety, before asking anyone to leave we will:

Speak with the Participant, or with the parent or guardian of a Child, in private;
Explain the specific concern and what needs to change;
Where it is reasonable and safe to do so, offer an adjustment, for example a quieter space, a modified activity, a break from the group, a change to sleeping arrangements, or a support person joining;
Give a reasonable opportunity for things to change.

We will keep a written record of any concern raised, any adjustment offered, and any decision made.

Where there is an immediate risk to the safety of any person, we may remove a Participant without going through these steps.

5.4 Removal of a Child. On a mother and child Retreat, if a Child is asked to leave, the accompanying parent or guardian must leave with them. The parent or guardian is responsible for arranging and paying for departure and transport.

5.5 Financial effect of removal. If a Participant is asked to leave under clause 5.2, no refund is payable. Your place, the catering, the facilitators and the Venue are all committed and paid for before the Retreat begins, and those costs are not recoverable by us once the Retreat has started. Departure and transport costs are yours.

5.6 Costs of damage. You are responsible for the cost of repairing or replacing any property damaged by a Participant in your booking, other than fair wear and tear.

5.7 Declining a future booking. We may decline a future booking from any person who has been asked to leave a Retreat.

5.8 Nothing in this clause limits your rights under the Australian Consumer Law.

6. Health, disclosure and suitability

6.1 Declaration. Before the Retreat, every Participant, or their parent or guardian, must complete our Participant Health and Risk Declaration in full and honestly. This covers medical conditions, mental health, medications, allergies, dietary requirements, mobility, pregnancy, injuries, support needs, swimming ability, and anything that may affect participation in the activities described in clause 8.

6.2 Ongoing duty. You must tell us in writing as soon as anything in that declaration changes, including any change occurring in the days immediately before the Retreat.

6.3 Why it matters. We use this information to plan staffing, activities, catering and emergency response. If it is incomplete or inaccurate, we cannot keep people safe. Non-disclosure or misrepresentation of a material matter is a ground for removal under clause 5.2(e), and for declining participation in a particular activity.

6.4 We are not a clinical service. A Retreat is not medical treatment, psychological treatment, therapy, or a substitute for any of them. We do not provide medical or nursing care, medication management, personal care, or one to one support. Facilitators are not acting as your treating practitioners. If you are under the care of a doctor, psychologist or other practitioner, get their clearance before booking.

6.5 Emotional intensity. Retreats involve circle work, ceremony, storytelling and other practices that can bring up strong emotion, and can surface distressing memories or feelings. You accept this and take responsibility for your own wellbeing, and for that of your Child, throughout. Tell us in advance if there is anything we should know.

6.6 Right to decline or defer. We may decline a booking, decline participation in a specific activity, or ask a Participant not to attend, where we reasonably consider that participation is not safe for that person or for others, or that we cannot provide the level of support required. Where we decline a booking before the Retreat on this basis, we will refund what you have paid, less our reasonable costs already incurred.

6.7 Medical treatment. In an emergency, and where we cannot reach you or your emergency contact in time, you authorise us to obtain, or arrange for the provision of, any medical or ambulance treatment reasonably considered necessary for you or your Child. You are responsible for all costs of that treatment, including ambulance costs. Ambulance cover is your responsibility.

6.8 Medication. Participants and, for Children, their parent or guardian are responsible for the storage, security and administration of all medication. We do not administer or manage medication. All medication must be declared and kept secure and out of reach of Children at all times.

6.9 Food, allergies and dietary requirements. We cater for dietary requirements notified in advance where we reasonably can. We cannot guarantee any environment or meal is free from any allergen. Food is prepared in a shared kitchen, and some sessions involve Participants cooking together. Participants with severe allergies or anaphylaxis must carry their own current adrenaline autoinjector and management plan, and must notify us in writing before the Retreat.

7. Participants with additional needs, including NDIS participants

7.1 We welcome Participants with disability. We will make reasonable adjustments so Participants with disability can take part, and we will discuss what is possible with you before you book.

7.2 What we need to know. So we can plan properly, tell us before booking about any disability, diagnosis, communication need, sensory need, behaviour support plan, or support requirement. Where a behaviour support plan or care plan exists, please share the relevant parts with us.

7.3 What we provide, and what we do not. A Retreat is a group programme delivered by facilitators to a group. We do not provide:

One to one support or supervision;
Personal care;
Clinical, nursing or behaviour support services;
Overnight supervision or waking night support;
Medication administration;
Restrictive practices of any kind.

7.4 Support workers. Where a Participant needs one to one support to take part safely, that support must be arranged and funded by the Participant. A support worker may attend for the whole Retreat or for particular sessions, as the Participant arranges. Support workers are charged for meals and accommodation at cost, must hold a current Western Australian Working with Children Check where Children are present, must complete our declaration, and are bound by these Terms.

7.5 If needs exceed what we can provide. If, during a Retreat, a Participant's support needs materially exceed what was disclosed and what we can safely provide, we will first look at what adjustments are possible with the staffing and resources in place. Where no reasonable adjustment is available, clause 5 applies.

7.6 NDIS funded bookings. We are not NDIS specialists. If you intend to use NDIS funding for any part of your fee, you must tell us at the time of booking, and it is your responsibility, or your plan manager's, to confirm that a Retreat is a claimable support under your plan and to arrange the claim. We do not advise on plan eligibility, funding categories or claiming.

Where any part of a fee is funded through an NDIS plan:

We comply with the NDIS Code of Conduct;
These Terms apply to your booking in the same way they apply to every Participant;
You may make a complaint to us at any time under clause 17, and you may also complain to the NDIS Quality and Safeguards Commission on 1800 035 544 or at ndiscommission.gov.au.

8. Activities, facilities and specific risks

8.1 What Retreats involve. Depending on the Retreat, activities may include: arrival and welcome circle; open campfires and fire circles; cooking over fire and in the kitchen, including damper and camp cooking; sleeping and gathering outdoors; bushwalking and time in bushland; bushcraft; spear making and spear throwing; archery; team and physical challenges; a mud fight; swimming pool use; sauna; cold water immersion or ice bath; improvisation, comedy and movement; separate men's and women's circles; rite of passage ceremony; and time on a rural property where horses and other animals are kept. Some Retreats include equine assisted sessions.

8.2 General risks. These activities carry inherent risks that cannot be removed by reasonable care, including: slips, trips and falls; uneven, wet, muddy or unstable ground; collision and impact; cuts, burns, sprains, fractures and other injury; contact with sharp tools or projectiles; fire and burns; drowning and near drowning; snakes, spiders, insects, ticks and other wildlife; extreme heat, cold, sun, storm and bushfire; falling branches; dehydration; exhaustion; allergic reaction; psychological distress; the conduct of other Participants; and remoteness from medical facilities. Emergency response times to the Venue may be longer than in a metropolitan area.

8.3 Horses, animals and the paddock.

Horses are large, unpredictable prey animals. Even quiet, well handled horses may kick, bite, strike, bolt, rear, crush or knock a person over, without warning and without apparent cause. Serious injury and death are possible outcomes of contact with horses.
No Participant may enter any horse paddock, yard, stable or fenced animal area at any time unless a facilitator or the Venue's horse handler is present and has expressly invited them in. This applies to adults and Children equally, at all hours, including outside programmed activities.
Children must not approach, touch, feed or interact with any horse unless supervised by both their parent or guardian and a facilitator or handler.
Do not feed any animal at the Venue.
Follow all directions from facilitators and handlers immediately and without argument. Move slowly and quietly around horses. Wear closed shoes.
Where an equine assisted session forms part of a Retreat, a separate briefing, safety instruction and acknowledgement applies and must be completed before the session.
Fences and electric fencing are to be treated as live and off limits.

8.4 Swimming pool.

There is no lifeguard. The pool is never supervised by us.
The pool is out of bounds unless a facilitator has opened it, and is closed after dark.
Children must have their own parent or guardian within arm's reach and watching, at all times, in and around the pool. This is not a shared watching arrangement between parents. Each parent watches their own child.
Children who cannot swim must wear an approved flotation device and stay in the shallow end with a parent in the water with them.
No diving. No running on wet surfaces. No breath holding games or underwater breath holding of any kind. No pushing anyone in.
No swimming after alcohol, and none within 30 minutes of using the sauna or ice bath.
Pool gates must never be propped open. Close and latch the gate every time.
Tell us at booking if a Child in your booking cannot swim or is a weak swimmer.

8.5 Sauna.

Sauna use is optional and is at your own risk. A facilitator is not inside with you.
Do not use the sauna if you: are pregnant or may be pregnant; have any heart condition, high or low blood pressure, or a history of stroke; have epilepsy; have diabetes; have a respiratory condition; are unwell, feverish or dehydrated; have taken alcohol, recreational drugs, or any medication that affects blood pressure, heart rate, sweating, or awareness of heat; or have any condition for which a doctor has advised against heat exposure. If you are unsure, do not use it, and speak with your doctor first.
Maximum session for an adult is 30 minutes. Hydrate before and after. Leave immediately if you feel dizzy, faint, nauseous or unwell. Never use the sauna alone: always tell another adult you are going in.
Children may use the sauna only with their own parent or guardian in the sauna with them, for a maximum of 10 minutes. Children overheat considerably faster than adults and cannot always tell you they are in trouble. Watch your child, not the clock, and take them out at the first sign of flushing, headache, dizziness or unusual quietness.
Surfaces, stones and heaters are hot enough to cause serious burns. Do not touch. Do not place anything on the heater. Do not alter the temperature settings.
Floors, steps and benches will be wet and slippery.

8.6 Cold water immersion and ice bath.

Cold water immersion carries risks including cold shock response, involuntary gasp reflex, hyperventilation, cardiac arrhythmia, cardiac arrest, dangerous spikes in blood pressure, fainting, hypothermia, afterdrop (a continued fall in core temperature after exiting), non-freezing cold injury, and drowning. These risks exist even in shallow water and even for people in good health. Serious injury and death are possible.
The ice bath is only available during a facilitated session. It is never open outside those sessions and must never be used unsupervised.
Do not use the ice bath if you: are pregnant or may be pregnant; have any heart condition, arrhythmia, high blood pressure, or a history of stroke; have Raynaud's, cold urticaria or a cold allergy; have epilepsy; have diabetes; have a respiratory condition including asthma; have an open wound or infection; are unwell; or have taken alcohol, recreational drugs or any medication affecting your heart, blood pressure or awareness. If you are unsure, do not use it, and speak with your doctor first.
Never breath hold, hyperventilate, or perform any breathing technique that involves holding your breath, before or during immersion. This combination has caused deaths.
Enter feet first and slowly. Keep your head and neck out of the water at all times. Do not submerge your head. Do not dive, jump or push anyone in.
Maximum immersion for an adult is 3 minutes, or less if this is your first time. Exit immediately if you feel unwell, if your breathing does not settle, or if you cannot feel your hands or feet.
Children may enter the ice bath only with their own parent or guardian and a facilitator both present and watching, for a maximum of 60 seconds, and only where the parent has confirmed at booking that their child has no relevant health condition. Children lose core temperature much faster than adults because of their body size. A child who goes quiet, shivers hard, or stops responding normally comes out immediately.
Rewarm properly before doing anything else. Do not drive, swim, use the sauna, climb, or take part in any physical activity until you are fully rewarmed and steady.
Allow at least 2 minutes between sauna and ice bath in either direction.

8.7 Fire and cooking. Open fires, coals and fire pits stay hot for many hours after they appear to be out. Do not leave a fire unattended. Children must be within arm's reach of their parent or guardian near any fire. Do not add fuel or accelerant of any kind. Cooking sessions involve knives, hot surfaces, boiling liquids and hot fat. Children cook only under the direct supervision of their own parent or guardian. Follow all directions from facilitators, and all fire restrictions and total fire bans in force.

8.8 Tools and projectiles. Spears, arrows, knives and other tools are used under facilitator instruction only, in designated areas only, and only when a facilitator has opened the activity. They are handed in at the end of each session and are not to be taken to accommodation or used outside programmed sessions.

8.9 Mud fight and physical games. The mud fight and other physical games involve running on slippery, uneven ground and physical contact between Participants. Risks include eye and ear irritation and infection from mud, cuts from objects concealed in mud or grass, twisted ankles, collisions, knocks to the head and falls. Wear closed shoes. Do not throw mud at anyone's face. Do not throw anything other than mud. Rinse eyes and any cut thoroughly afterwards. Participants with open wounds, ear grommets, contact lenses or eye conditions should sit this one out.

8.10 Water and the property. Any dam, tank, trough or waterway at the Venue is off limits at all times. The Venue is a working rural property. Expect uneven ground, mud, holes, machinery, farm vehicles, gates, fencing, hazards at ground level and limited lighting after dark. Bring a torch. Wear closed shoes. Do not enter sheds, machinery areas, or any area marked or described as off limits.

8.11 We may withdraw an activity. We may cancel, shorten or substitute any activity at any time on safety grounds, and may decline any Participant's involvement in any activity. No refund or reduction applies.

9. Supervision of children

9.1 Parents remain responsible. On mother and child, mother and daughter and mother and son Retreats, the accompanying parent or guardian is responsible for the care, supervision, behaviour, wellbeing and safety of their own Child at all times, including during programmed sessions, at meals, during free time, at the pool, sauna and ice bath, and overnight.

9.2 Not a childcare service. We do not provide childcare, babysitting, or supervision of Children. Facilitators lead activities. They do not take over responsibility for any Child.

9.3 Separate sessions. Some Retreats include sessions where Children are with facilitators in one group and mothers are in another. During those sessions facilitators run the activity, but overall responsibility for the Child remains with the parent or guardian, who must remain on site, contactable and fit to resume care at any time.

9.4 Leaving the site. You must not leave the Venue without your Child unless we have agreed to it in writing in advance and another named adult on site has agreed in writing to take responsibility for that Child.

9.5 Overnight. Children sleep in the same accommodation as their parent or guardian unless a different arrangement is agreed in writing in advance.

9.6 Working with Children Checks. Every facilitator, contractor, chef and volunteer we engage in child related work at an overnight Retreat holds a current Western Australian Working with Children Check.

9.7 Child safety. We are committed to child safety and have a child safe policy and reporting procedure in place. Any concern about the safety or wellbeing of a Child should be raised with Daniela Cooper immediately. We will report to the relevant authority where required by law.

9.8 Other people's children. Do not discipline, physically handle, photograph, or be alone with another Participant's Child.

10. Risk warning, acknowledgement and assumption of risk

10.1 Risk warning. The activities described in clause 8 are recreational activities that involve a significant degree of risk of physical harm, including the risk of serious injury and death. This clause is a risk warning for the purposes of section 5I of the Civil Liability Act 2002 (WA) and the equivalent provisions of the civil liability legislation of each other Australian State and Territory.

10.2 Risk warning for children. Where you agree to these Terms as the parent or guardian of a Child, this risk warning is given to you in respect of that Child, and you confirm you have explained the risks to the Child in terms appropriate to their age and understanding. This applies whether or not the Child is accompanied by you and whether or not the Child is under your control at the time.

10.3 Voluntary participation. Each Participant takes part voluntarily, at their own risk, in full knowledge of the risks described in these Terms and of risks that are obvious or inherent in the activities. No Participant is required to take part in any activity.

10.4 Waiver of contractual duty of care. To the extent permitted by section 5J of the Civil Liability Act 2002 (WA) and equivalent provisions elsewhere, you agree that any liability of ours that would otherwise result from a breach of an express or implied warranty that recreational services will be rendered with reasonable care and skill is excluded.

10.5 Fitness to participate. Each Participant confirms they are physically and mentally fit to take part in the activities they choose to take part in, and that they have disclosed everything required under clause 6.

11. Alcohol, drugs and smoking

11.1 Retreats are alcohol free and drug free. Do not bring alcohol or illicit drugs to the Venue.

11.2 Being under the influence of alcohol or illicit drugs at a Retreat is a ground for immediate removal under clause 5, without refund.

11.3 Smoking and vaping are permitted only in the designated area, and are prohibited entirely during any fire restriction or total fire ban.

11.4 Alcohol and drug use dramatically increases the risk associated with the pool, sauna, cold water immersion, fire, horses and tools. Do not combine them under any circumstances.

12. Photography, media and feedback

12.1 Feedback. After the Retreat we may ask you to complete a feedback form or take part in a short interview. Taking part is voluntary.

12.2 Testimonials. We will only use your name, words or feedback in marketing where you have given us separate written consent. You can withdraw that consent at any time by emailing us, and we will stop using the material in new marketing and remove it from material we control within a reasonable period.

12.3 Photography and video by us. We may photograph or film Retreats. Photography and film of any Participant for marketing purposes will only occur where separate written consent has been given, and for a Child, only where the parent or guardian has given that consent. Consent is opt in, is recorded separately from these Terms, and can be withdrawn at any time.

12.4 Photography by Participants. Participants may take photos of their own family. Do not photograph or film another Participant, or another Participant's Child, without that person's permission, and never in accommodation, bathrooms, the sauna, the pool area or change areas. Do not post images of another Participant or their Child to social media without their permission.

12.5 Ceremony and circle. Some sessions are not to be photographed or recorded at all. Facilitators will tell you which.

12.6 Confidentiality. What is shared in circle stays in circle. Do not repeat, record or publish another Participant's personal disclosures.

13. Privacy

13.1 We collect personal information, including health information, to plan and safely deliver Retreats. We handle it in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and in accordance with our Privacy Policy published at thegatherproject.com.au.

13.2 We may share relevant information with facilitators, chefs, the Venue and emergency services where necessary for safety.

13.3 We do not sell your information. You may request access to, or correction of, your information by emailing [email protected].

14. Your property

14.1 Bring only what you need. Accommodation is not secure, and the Venue is shared.

14.2 You are responsible for your own property, including phones, jewellery, equipment and vehicles. We are not responsible for loss, theft or damage to your property.

14.3 Vehicles are parked at the Venue at your own risk.

15. Insurance

15.1 We hold public liability insurance and professional indemnity insurance.

15.2 We strongly recommend you take out travel insurance and personal accident insurance covering your Retreat, including cover for cancellation, medical expenses, ambulance transport and personal property. We do not provide any of these cover types for you.

15.3 You are responsible for your own ambulance cover.

16. Consumer guarantees and limitation of liability

16.1 Your consumer guarantees. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that they will be provided with due care and skill, will be fit for the purpose you told us about, and will be supplied within a reasonable time. Nothing in these Terms excludes, restricts or modifies those guarantees except to the extent the law expressly permits.

16.2 Recreational services (death and personal injury). To the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth) and the equivalent State and Territory provisions, you agree that the consumer guarantees under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law, and our liability for failing to comply with them, are excluded in respect of:

a) Death; b) Physical or mental injury of an individual, including the aggravation, acceleration or recurrence of such an injury; c) The contraction, aggravation or acceleration of a disease of an individual; and d) The coming into existence, aggravation, acceleration or deterioration of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the individual or the community, or that may result in harm or disadvantage to the individual or the community,

Arising from participation in recreational services supplied by us.

This exclusion does not apply to significant personal injury caused by our reckless conduct.

16.3 Other liability. Subject to clause 16.1, and to the fullest extent permitted by law, our total liability to you in connection with a Retreat is limited, at our option, to resupplying the services or paying the cost of having them resupplied, and in any event does not exceed the total amount you have paid us for that Retreat.

16.4 Consequential loss. To the fullest extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of opportunity, or loss of enjoyment.

16.5 Retreats run by other facilitators. Independent facilitators sometimes run their own retreats at the Venue. Where you book with an independent facilitator, your contract is with that facilitator under their own terms and their own insurance. We are not a party to it and are not liable for the delivery, conduct or cancellation of those retreats. These Terms apply only to Retreats run by The Gather Project.

16.6 Third party suppliers. Where a Gather Project Retreat includes services delivered by an independent third party, including the Venue owner, a chef, a transport provider or an equine practitioner, we are not liable for the acts or omissions of that third party.

17. Complaints

17.1 If something is not right, tell us. Raise it with a facilitator at the Retreat, or email [email protected].

17.2 We will acknowledge your complaint within 5 business days and aim to resolve it within 20 business days.

17.3 If we cannot resolve it, you may contact Consumer Protection WA, or, for NDIS funded supports, the NDIS Quality and Safeguards Commission on 1800 035 544.

18. General

18.1 Governing law. These Terms are governed by the laws of Western Australia, and you submit to the non exclusive jurisdiction of the courts of Western Australia.

18.2 Changes to these Terms. We may update these Terms from time to time. The version that applies to your booking is the version in effect on the date you book, which we will provide to you at that time.

18.3 Severability. If any part of these Terms is found to be unenforceable, that part is severed and the rest continues to apply.

18.4 Entire agreement. These Terms, your booking confirmation, your health and risk declaration, and any separate agreement, form the whole agreement between us.