Payment at time of booking.

 Payment of the full retreat fee is required at the time of booking. The Participant’s place on the retreat is not confirmed until payment has been received in full.

Change of mind.

 The Participant acknowledges that bookings are for scheduled, dated retreat experiences with limited capacity, and that SOMA Lorna Jane incurs significant planning and preparation costs in advance of each retreat. Accordingly, SOMA Lorna Jane does not provide refunds for change of mind. Any refunds provided under clause 14.3 will be issued in the form of a SOMA Lorna Jane gift card only, except where a refund is required by law.

Cancellation by the Participant.

 If the Participant cancels their booking:

•  more than forty-five (45) days before the scheduled commencement of the retreat: the Participant will receive a refund equal to 100% of the fee paid, issued as a SOMA Lorna Jane gift card; or

•  forty-five (45) days or less before the scheduled commencement of the retreat: no refund (in any form, including gift card) is payable, and the full fee is forfeited.

Cancellations must be made in writing to SOMA Lorna Jane. The effective date of cancellation is the date SOMA Lorna Jane receives the written notice.

Gift cards.

 Gift cards issued under clause 14.3 are:

•  valid for thirty-six (36) months from the date of issue;

•  redeemable against any SOMA Lorna Jane retreat, program or service at the rates current at the time of redemption;

•  transferable to another person with SOMA Lorna Jane's prior written consent;

•  not redeemable for cash, and any unused balance at expiry is forfeited; and

•  subject to SOMA Lorna Jane's standard gift card terms in force at the time of issue.

Transfer to another person.

 The Participant may transfer their booking to another person at any time prior to the commencement of the retreat, provided that:

•  the Participant notifies SOMA Lorna Jane in writing of the proposed transfer;

•  the proposed transferee is eligible to participate (including in relation to age, health and fitness) and has completed and signed this Agreement, including the Pre-Retreat Health Declaration, to SOMA Lorna Jane's satisfaction;

•  any difference between the original fee paid and the applicable fee at the time of transfer is payable by the Participant or transferee before the transfer is confirmed; and

•  the transfer is acknowledged and confirmed in writing by SOMA Lorna Jane.

Rescheduling.

 The Participant may request to reschedule their booking to a future retreat only if the request is made in writing more than forty-five (45) days before the scheduled commencement of the original retreat. Rescheduling is subject to availability and to payment of any difference between the original fee paid and the fee for the rescheduled retreat. A booking may only be rescheduled once. Rescheduling requests made forty-five (45) days or less before the scheduled commencement of the retreat will not be accepted, and clause 14.3 applies.

Cancellation or postponement by SOMA Lorna Jane.

 SOMA Lorna Jane reserves the right to cancel, postpone or reschedule a retreat at any time and for any reason, including (without limitation) insufficient bookings, illness or unavailability of key personnel or contractors, supply or facility issues, acts or omissions of third parties, government orders or directions, public health events, fire, flood, severe weather, natural disaster, or any other event beyond SOMA Lorna Jane's reasonable control.

Where SOMA Lorna Jane cancels or postpones a retreat for any reason other than the Participant’s breach of this Agreement, SOMA Lorna Jane will notify the Participant as soon as reasonably practicable and will, at the Participant’s election, provide one of the following:

•  a full refund of the fees paid by the Participant for that retreat to the original payment method;

•  a SOMA Lorna Jane gift card to the full value of the fees paid, valid for thirty-six (36) months from the date of issue and subject to clause 14.4; or

•  a transfer of the fees paid to another retreat of the Participant’s choice, subject to availability, with any difference in fees payable by the Participant (or refunded by SOMA Lorna Jane, as applicable).

This election is the Participant’s sole and exclusive remedy in respect of a cancellation or postponement by SOMA Lorna Jane. SOMA Lorna Jane is not liable for any travel, accommodation, or other incidental or consequential costs incurred by the Participant in connection with a cancelled or postponed retreat, and the Participant acknowledges that travel insurance is recommended to cover such costs (see clause 15).

No refund on termination for cause.

 Where the Participant’s participation is terminated under clause 13, no refund (in any form, including gift card) is payable.

Medical and compassionate circumstances.

 Where the Participant is unable to attend the retreat due to a medical condition, injury, bereavement or other serious compassionate circumstance, the Participant may request, with supporting documentation, that SOMA Lorna Jane exercise its discretion to provide a gift card refund or rescheduling option outside the terms of clauses 14.3 and 14.6. Any such decision is at SOMA Lorna Jane's sole discretion and does not limit the operation of clauses 14.3 and 14.6 in any other case.

Travel and Insurance

The Participant acknowledges that SOMA Lorna Jane is not responsible for the Participant’s travel, transport, cancellations, delays, or additional costs, and accepts no liability for theft, loss, or damage to the Participant’s property. SOMA Lorna Jane strongly recommends that the Participant obtain travel insurance covering cancellations, medical expenses, evacuation, and loss of belongings. The Participant acknowledges that travel insurance is their own responsibility.

Privacy and Confidentiality

The Participant consents to SOMA Lorna Jane collecting, using, storing and handling personal information and sensitive information (including health, medical and dietary information) for the purpose of managing the Participant’s participation in the Services and complying with SOMA Lorna Jane's legal obligations, in accordance with SOMA Lorna Jane's Privacy Policy and the Privacy Act 1988 (Cth). The Participant may request access to or correction of their personal information by contacting SOMA Lorna Jane.

The Participant acknowledges that health information provided in the Pre-Retreat Health Declaration may be shared with SOMA Lorna Jane's contractors delivering the Services on a need-to-know basis, for the sole purpose of safe delivery of the Services.

Governing Law and Jurisdiction

This Agreement is governed by the laws of New South Wales. The Parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

Acknowledgement and Declaration

By signing this Agreement, the Participant acknowledges and agrees that:

•  they have carefully read and understood this waiver, indemnity, and risk acknowledgement, including the risk warnings in clauses 2 and 3;

•  they have read and understood the booking, payment, cancellation, transfer and rescheduling terms in clause 14;

•  they have had the opportunity to seek independent legal or medical advice before signing;

•  they enter into this Agreement voluntarily and without duress;

•  the information provided in the Pre-Retreat Health Declaration is true, accurate, and complete; and

•  they understand that breach of this Agreement may result in immediate termination of participation without refund under clause 13.

This Agreement must be signed by the Participant before the commencement of the retreat. If the Participant is under 18 years of age, a parent or legal guardian must sign on the Participant’s behalf.

 

 

Assumption of Risk

The Participant acknowledges that participation in SOMA Lorna Jane retreats and associated activities (‘Services’) involves inherent risks, including but not limited to:

•  physical activities such as yoga, meditation, Pilates, stretching, hiking, walking, swimming, and other movement practices, which may result in injury, strain, illness, or aggravation of pre-existing conditions;

•  breathwork and pranayama practices (including intensive or conscious connected breathing), which may cause hyperventilation, dizziness, fainting, tetany, strong emotional release, or psychological distress;

•  heat exposure practices including sauna and steam, which may cause dehydration, fainting, cardiac stress, or aggravation of pre-existing conditions;

•  cold exposure practices including ice baths and cold plunges, which may cause cold shock response, cardiac stress, hyperventilation, and aggravation of pre-existing conditions;

•  meditation, sound, somatic, and therapeutic practices, which may surface strong emotions, memories, or psychological responses including distress, anxiety, or dissociation;

•  bodywork, massage, and touch-based modalities, which may cause physical discomfort or emotional release;

•  nutrition, fasting, juice-cleansing, or restricted eating protocols, which may affect blood sugar, energy levels, mood, and medication interactions;

•  use of facilities including the pool, spa, stairs, decks, shared accommodation, and communal spaces;

•  exposure to weather, natural environments, insects (including ticks and mosquitoes), snakes, other wildlife, and uneven or rural terrain;

•  risks from food and beverages, including allergic reactions, intolerances, or food-related illness;

•  psychological or emotional effects arising from group work, meditation, or therapeutic practices;

•  risks of theft, loss, or damage to property; and

•  risks associated with travel to and from SOMA Lorna Jane .

The Participant understands that these risks cannot be eliminated without changing the essential nature of the retreat and voluntarily accepts them as a condition of participation.

Risk Warning for Recreational Services

Under section 139A of the Competition and Consumer Act 2010 (Cth), SOMA Lorna Jane gives the following risk warning:

The Services provided by SOMA Lorna Jane are ‘recreational services’ as defined in section 139A of the Competition and Consumer Act 2010 (Cth). Participation in the Services involves risks of physical and psychological injury, illness, and death. The Participant acknowledges this risk warning and agrees that, to the maximum extent permitted by law, SOMA Lorna Jane’s liability for death or personal injury caused by any failure to comply with the consumer guarantees in sections 60 and 61 of the Australian Consumer Law is excluded, restricted or modified. The Participant understands this means the Participant may not be able to sue SOMA Lorna Jane or recover damages if the Participant is killed or injured because the Services were not provided with due care and skill, or were not reasonably fit for purpose, except in the case of conduct that is reckless within the meaning of section 139A(5) of the Competition and Consumer Act 2010 (Cth).

Dangerous Recreational Activities – NSW

The Participant acknowledges that certain activities included in the Services may constitute ‘dangerous recreational activities’ within the meaning of section 5K of the Civil Liability Act 2002 (NSW). Under section 5L of that Act, SOMA Lorna Jane is not liable in negligence for harm suffered by the Participant as a result of the materialisation of an obvious risk of a dangerous recreational activity. The Participant acknowledges that the risks set out in clauses 1 and 2 are obvious risks within the meaning of sections 5F and 5L of the Civil Liability Act 2002 (NSW) and that SOMA Lorna Jane has given a risk warning within the meaning of section 5M.

Health and Fitness

The Participant confirms that they are physically and mentally fit to participate. The Participant has completed the Pre-Retreat Health Declaration in this Agreement truthfully and in full, and has disclosed all health conditions, injuries, allergies, medications and other relevant information that may affect their participation. The Participant understands that SOMA Lorna Jane relies on this disclosure and that withholding relevant information may expose the Participant to serious risk.

The Participant accepts full responsibility for monitoring their own health and for seeking medical advice prior to, during, and after the retreat. If the Participant is pregnant or has any other condition requiring medical clearance, the Participant confirms that they have consulted their treating health practitioner and have medical clearance to participate.

No Medical Advice

The Participant acknowledges that SOMA Lorna Jane, its staff, and its contractors do not provide medical, psychological, or psychiatric advice, diagnosis, or treatment. The Services are not a substitute for medical care. The Participant should not discontinue, reduce, or alter any medication or treatment prescribed by a qualified medical practitioner on the basis of anything said or done during the retreat. The Participant agrees to consult a qualified medical practitioner for any health concern.

Personal Responsibility

The Participant agrees to:

•  participate at their own pace and within their personal limits;

•  follow all instructions, policies, and safety guidance provided by SOMA Lorna Jane staff and contractors;

•  immediately notify SOMA Lorna Jane of any injury, illness, unsafe conditions, or incidents;

•  take responsibility for their personal belongings and valuables; and

•  conduct themselves respectfully towards other participants, staff, contractors, and the Premises at all times.

Conduct and Behaviour

The Participant agrees not to engage in any form of harassment, bullying, discrimination, or inappropriate conduct (verbal, physical, or digital) towards any other person at the retreat. SOMA Lorna Jane has a zero-tolerance approach to harassment and may immediately terminate the Participant’s participation under clause 13 in the event of a serious or repeated breach.

Intoxication and Fitness for Activity

The Participant must not participate in retreat activities while under the influence of alcohol, illegal substances, or medication that impairs their ability to engage safely. SOMA Lorna Jane may suspend or terminate the Participant’s participation under clause 13 if the Participant is unfit or poses a risk to themselves or others.

Privacy of Other Participants

The Participant agrees to respect the privacy and confidentiality of other participants, staff and contractors. In particular, the Participant must not:

•  photograph, film, record audio of, or otherwise capture the image or voice of any other participant, staff member, or contractor without their express prior consent;

•  share, post, or publish on social media or any other platform any image, recording, or description of another participant, staff member, or contractor without their express prior consent; or

•  disclose any personal, health, emotional or other sensitive information shared by another participant during the retreat.

These obligations continue after the retreat ends.

Media Release

During the retreat, SOMA Lorna Jane may photograph, film, or otherwise record the Services, which may include the Participant’s image, voice, or likeness. The Participant grants SOMA Lorna Jane a perpetual, worldwide, royalty-free, non-exclusive licence to use such images and recordings for marketing, promotional, educational and internal business purposes, including on SOMA Lorna Jane's website, social media channels, printed materials, and third-party platforms.

The Participant may withdraw consent to future use of specific images or recordings by notifying SOMA Lorna Jane in writing at the email address set out below, in which case SOMA Lorna Jane will, within a reasonable time, cease further use of those materials (subject to materials already printed, posted, or distributed which cannot reasonably be recalled). The Participant may also opt out of being photographed or recorded altogether by notifying SOMA Lorna Jane in writing before the retreat commences and by identifying themselves to SOMA Lorna Jane staff on arrival.

Notices under this clause must be sent to: hello@lornajane.com.au (or such other address as SOMA Lorna Jane notifies).

Waiver and Limitation of Liability

To the maximum extent permitted by law, the Participant releases and discharges SOMA Lorna Jane, its directors, officers, employees, contractors, and agents from any and all claims, actions, demands, losses, damages, costs, or liabilities of any kind arising from or connected with the Participant’s participation in the Services, except to the extent directly caused by SOMA Lorna Jane's proven negligence, fraud, or wilful misconduct.

Nothing in this Agreement excludes, restricts or modifies any right or remedy of the Participant under the Australian Consumer Law or any other law which cannot lawfully be excluded, restricted or modified. Where SOMA Lorna Jane's liability under the Australian Consumer Law can be limited, SOMA Lorna Jane's liability is limited, at SOMA Lorna Jane's option, to:

•  in the case of services: resupplying the services or paying the cost of having the services resupplied; and

•  in the case of goods: replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of replacement, equivalent supply or repair.

SOMA Lorna Jane is not liable to the Participant for any indirect, special, or consequential loss, including loss of income, opportunity, or enjoyment.

Indemnity

The Participant indemnifies and must keep indemnified SOMA Lorna Jane against all claims, losses, damages, fines, penalties, costs, or expenses (including full legal costs) arising directly or indirectly from:

•  the Participant’s breach of this Agreement;

•  any negligent, reckless, or unlawful act or omission of the Participant;

•  any injury, illness, or property damage the Participant causes to another person;

•  the Participant’s failure to comply with SOMA Lorna Jane's instructions, policies, or safety requirements; or

•  any misrepresentation or false or incomplete information provided by the Participant (including in the Pre-Retreat Health Declaration).

This indemnity is continuing, irrevocable, and survives the Participant’s participation in the retreat.

Termination of Participation

SOMA Lorna Jane may immediately terminate or suspend the Participant’s participation in the retreat, without refund of any fees paid, if the Participant:

•  materially breaches this Agreement;

•  engages in harassment, bullying, discrimination, or other inappropriate conduct as described in clause 7;

•  is unfit for activity as described in clause 8;

•  poses a risk to themselves, other participants, or staff; or

•  is unable to participate safely due to health matters not disclosed in the Pre-Retreat Health Declaration.

Where participation is terminated under this clause, the Participant is responsible for their own travel and accommodation arrangements to leave the Premises.