MK Retreat Terms and Conditions

Please read these Terms and Conditions carefully prior to booking the retreat

Thank you for making a booking with G & K Berger Pty Ltd (ACN: 614 814 443) t/as Bookkeepers Support (BKS) and M & G Foote Investments Pty Ltd (ACN: 136 429 206) t/as Bloom 8 Global (‘Bloom 8 Global’ – B8G) for our Bookkeepers Business Booster Retreat (the ‘Retreat’).

Throughout this document the combined parties of Bookkeepers Support and Bloom 8 Global will be referred to as BKS & B8G (BKS & B8G) or We/Us (We/Us).

We look forward to having you as part of the Retreat. 

1. Agreement

By proceeding with your booking with BKS & B8G to attend The Retreat, you will be deemed to have agreed to these Terms & Conditions. The following constitutes a legally binding contract (referred to as ‘the Agreement’) between You and BKS & B8G:

  1. the booking.
  2. these Terms & Conditions.
  3. the Release and Waiver; and
  4. any details provided to You on the sales page of the Website at https://www.melfoote.com.au/mk-retreat/. (Retreat Sales Page)

2. Party and Retreat Details

Your details are as provided by you at the sign-up page of the Website https://www.melfoote.com.au/mk-retreat/. The retreat details are set out on the Retreat Sales Page of the website. The fee for the retreat (Retreat Fee) is set out on the Retreat Sales Page on the website.

3. Retreat Registration

You secure a place at the Retreat upon registration for the available payment plan on the Retreat Sales Page, or by making full payment via the full payment option on the Retreat Sales Page.

4. Final Payment

(a) All payments can be made via the payment options made available on the Retreat Sales Page.

(b) All monies paid are subject to the refund policy contained within this agreement.

(c) If BKS & B8G does not receive your total Retreat Fee on or before the dates agreed to by You when selecting your payment method, your place in the Retreat may be forfeited and offered to another participant.

(e) You agree that if You default on any payments due and payable under this Agreement, any costs incurred by BKS & B8G for steps taken to enforce payment terms will be recoverable and payable by You.

(f) Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.

5. Final Payment

Final Payment of the remainder of the Retreat Fee is due no later than 15 August 2024 which is 60 days before the Commencement Date. Payment can continue to be made in accordance with the payment plan. 

If BKS & B8G does not receive Your total Retreat Fee on or before the Final Payment Due Date, Your place in the Retreat may be forfeited and offered to another participant.

6. Fee Inclusions and Exclusions

a. The Retreat Fee includes:

  1. Accommodation – 5 nights (6 days)
  2. Food – breakfast included. Welcome and Farewell dinner. Participants have the option to eat at external cafes in the surrounding areas at their own cost.
  3. Daily business facilities (workdays only)
  4. Business Coaching.
  5. Networking
  6. Massage or spa treatment up to the value of $100 USD.
  7. Templates, checklists, and workflows.

b. The Retreat Fee excludes:

  1. Excess baggage charges.
  2. Visa and Passport fees.
  3. Domestic and international flights.
  4. Travel insurance.
  5. Alcohol, lunch and 3 dinners during your free time
  6. Additional spa activities
  7. Alcoholic Beverages; &
  8. Transfers

7. Cancellation Policy and Refunds

a. Cancellation by BKS & B8G

BKS & B8G reserves the right to cancel the Retreat at any time prior to the Commencement Date for any reason. If this does occur, you will receive a full refund of the Retreat Fee paid. In no circumstances will BKS & B8G be responsible for any other amounts including but not limited to airfares, accommodation, losses, damages, or preparation costs.

b. Cancellation by You Prior to Retreat

If You wish to cancel Your booking You must do so in writing to admin@bookkeeperssupport.com.au. To be eligible for a full refund You may cancel Your booking up until 5.00pm Melbourne time, at least 60 calendar days prior to the  Commencement Date.  Any cancellations made after this date will not be eligible for a refund of any kind. 

c. Cancellation by Participant during The Retreat

You may at any time after the Commencement Date choose to cancel Your participation or cut short Your involvement in The Retreat. You must detail Your cancellation in writing to admin@bookkeeperssupport.com.au. If Your participation in the Retreat is terminated (excluding You from further participation in The Retreat),

Your return home shall be at Your sole expense, arrangement and risk. No refund of any kind will be available. You acknowledge and agree that BKS & B8G is not responsible or liable in any way, directly or indirectly, for any damage or injury incurred or sustained by You after you leave the Retreat.

8. Force Majeure

(a) If the Retreat is delayed or cancelled as a result of unforeseen circumstances or causes beyond BKS & B8G control including but not limited to: any strike, lock-out, shortage of labour and materials, delays in delivery of materials, failure of other trades/contractors to complete necessary work in a timely manner, unexpected issues arising through the renovation process, a pandemic, riot, political or civil disturbances or inclement weather; You agree that You will not have any claim against BKS & B8G for damages or otherwise.

(b) If a force majeure event occurs, BKS & B8G will not 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.

9. Informed Decision

Before signing these Terms and Conditions, You acknowledge and agree that BKS & B8G is not a travel business, and that BKS & B8G is arranging a bespoke and tailored itinerary and set of activities for participants; You acknowledge that You have read all information issued to You by BKS & B8G that describe The Retreat; You are responsible for Yourself while participating in The Retreat, and the potential health, safety, and other risks associated with Your  participation in The Retreat, including but not limited to accidents or illness, covid-19 or other 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.

You have taken the opportunity to ask any questions You may have about The Retreat, and the responsibilities and risks involved, and You have willingly and freely assumed all risks associated with domestic and international travel and The Retreat in general.

10. Responsibility for Preparation

You agree to attend to all preparation for The Retreat as may be required.

You warrant that BKS & B8G (and BKS & B8G relies on such warranty) Your physical condition and health are suitable to participate in The Retreat, and You have and will take any necessary medical precautions before embarking on The Retreat (and during The Retreat if necessary).

11. Health and Travel Insurance

BKS & B8G recommends that You purchase adequate and relevant health & travel insurance. It is Your responsibility to purchase adequate and relevant health & travel insurance to cover You for any instance including loss, damage, or illness.

(a) 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.

(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 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 acknowledge that BKS & B8G is not responsible for the provision and quality of medical treatment or hospital care received while such a participant.

(e) In the event of a medical emergency, however, you authorise BKS & B8G to take action deemed in good faith to be necessary for your health and safety.

(f) You assume full financial responsibility for, and release BKS & B8G from all liabilities resulting from the good faith exercise of this authority

12. Changes in Retreat

While BKS & B8G 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. 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 BKS & B8G deems it necessary to do so due to conditions that could be hazardous, dangerous, adverse, or threatening. BKS & B8G may also deem it necessary to make these changes due to an act or omission of a third party or any other reason which prevents any aspects of portions of the Retreat from being commercially necessary. Should any action be taken under this provision, a refund will not be issued.

13. Intellectual Property Rights

(a) You agree that any works, items, materials, or information produced or developed by BKS & B8G or under BKS & B8G direction pursuant to or in the course of providing the Retreat will remain the sole and complete property of BKS & B8G.

(b) If BKS & B8G provides any intellectual property to you as part of the Retreat (such as workbooks or presentation notes or slides), BKS & B8G grants you a non-exclusive and non-transferable license to use that material only for the purpose of facilitating the Retreat.

(c) There is no assignment of Intellectual Property Rights by BKS & B8G to you under this Agreement.

14. Disclosure of Use of Confidential Information

(a) All obligations of confidentiality set out in this Agreement continue in full force and effect after the Retreat 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 parties, or other participant’s prior consent.

(c) Each party must keep confidential any Confidential Information shared during the Retreat. 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:

i. 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;

ii. if the disclosure is required by applicable law or regulation; or

iii. if the confidential information is already in the public domain at no fault of the other party.

15. Compliance with Laws, Regulations & Rules

You shall 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.

You agree to comply with all rules, regulations, and standards of conduct applicable at any time during The Retreat.

16. Photography, Video and other Media Release

You agree that by participating in The Retreat You irrevocably grant BKS & B8G, its agents and representatives or licensees or assignees the right and permission to take, use, re-use, publish and re-publish, either separately or together, either wholly or in part, photographic portraits or pictures of the You or in which You may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations. You understand that this media may be used for the following purposes: social media, marketing, email, and other associated uses.

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

You, individually, and on behalf of Your heirs, successors, assigns and personal representatives, hereby indemnify and release fully and finally from any and all liability, claims, loss, suits, demands and damages, brought by You (or and including by any third party as a consequence of any act or omission of You) and covenant not to sue or cause to be sued in any judicial or administrative forum, or otherwise, BKS & B8G 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.

It is understood and agreed that BKS & B8G shall 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 or any Retreat participant, and Your participation on any tour or transportation or event or activity will be solely at Your own risk.

Further, should You engage in any activities which involve a risk to person or property and any activity while intoxicated or under the influence of any substance, You do so at Your own risk and agree BKS & B8G shall in no way be liable for Your actions, safety, loss and damage.

19. Modification

These Terms and Conditions shall not be modified except by another agreement in writing signed by You.

20. Governing Law

The terms of this Waiver shall be governed by the laws of Victoria, Australia.

21. 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 shall not affect the validity or enforceability of the provision to the other persons or circumstances, and the provisions shall remain in full force and effect.

22. Agreement

You acknowledge that prior to signing these Terms and Conditions, that You have read these Terms and Conditions, have had the opportunity to seek independent legal advice about the Agreement’s effect prior to signing, and You have a full understanding of the Terms and Conditions, You voluntarily accept the Terms and Conditions of this Agreement and execute it with the understanding that BKS & B8G shall rely on the statements and warranties herein contained.

Activity Release and Waiver

BKS & B8G Retreat includes participation in a variety of educational, recreational, and other activities (the Activities). Please read and sign the Activity Release and Waiver before participating in the Retreat.

  1. Parties

I understand that proceeding with my booking, I acknowledge and agree to the following terms and conditions of the Activity Release and Waiver between BKS & B8G and You.

  1. I am at least 18 years of age and legally competent to agree & comprehend this Activity Release and Waiver.
  2. I agree to abide by any guidelines or rules of the Retreat provided by BKS & B8G. I am responsible for any damage to any equipment, facilities, or anything else which I may cause due to negligence.
  3. When making this booking, I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge BKS & B8G, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, BKS & B8G, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
  4. I understand and acknowledge that to the extent permitted under relevant statutes, BKS & B8G excludes all liability (including, without limitation, in negligence) in relation to the Activity for the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to an individual or the community or that may result in harm or disadvantage to an individual or the community.
  5. I understand that the Activities are not a substitute for business, financial, taxation or investment advice. BKS & B8G recommends the Client seeks independent accounting or financial advice prior to relying on any information, tools, calculators, financial numbers, case examples or guidance provided in the workshops or educational sessions or other parts of the Retreat. BKS & B8G will not be liable in any way for the Client’s use of, or reliance upon, the information or advice provided in the Activities.
  6. I understand that I am solely responsible for creating and implementing my own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the Retreat and interactions with BKS & B8G. As such, I agree that BKS & B8G is not and will not be liable or responsible for any loss, damage, actions, or inaction, or for any direct or indirect result of any Activities or services provided by BKS & B8G.
  7. I understand that BKS & B8G reserves the right to accept or reject my participation in any Activity without liability. In the event it determines, in its sole and exclusive discretion that my participation is in any way disruptive or harmful to the harmony of the Retreat, it may without any obligation to provide a refund or any amount whatsoever, expel me from the Retreat.
  8. I understand and acknowledge that any food served during the Activity has not been prepared by BKS & B8G and BKS & B8G does not warrant that the food is safe to consume.
  9. This WAIVER AND RELEASE contain the entire agreement between parties and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended, or repealed, in whole or in part, only upon the prior written consent of all parties.
  10. The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of BKS & B8G, whether by agreement, by operation of law, or otherwise.
  11. I have read, understood, and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.