TERMS AND CONDITIONS

These are the terms and conditions that apply between you and Augustus Entertainment Limited (trading as Rolling Sands BJJ Retreat)(ROLLING SANDS). Registration by you for the retreat amounts to acceptance of these terms and conditions.

PERSONAL ACKNOWLEDGEMENTS

You acknowledge that you are 18 years old or over and that you suffer from no medical conditions which may be aggravated by participation in the retreat.

You consent to receive medical treatment in the case of injury or illness during the retreat and to indemnify ROLLING SANDS against any claims in respect of that treatment.

LIABILITY AND INDEMNITY

You agree that you travel and participate at your own risk (to the extent permitted by law) and ROLLING SANDS, its director, staff, employees, guest instructors and agents are not responsible for any loss, damage, cost, expense or injury suffered and/or incurred by you or loss or damage to your property.

Without limiting the foregoing, the following conditions apply:

ROLLING SANDS, its director, staff, employees, guest instructors and agents are not liable for any loss, damage, cost, expense or delay caused by, or arising from, an event beyond the control of ROLLING SANDS, including without limitation any pandemic, act of God, accident, riot, civil commotion, regardless of the cause and whether partial or general.

ROLLING SANDS, its director, staff, employees, guest instructors and agents are not liable to you or any other person for: any loss, or damage, cost or expense as a result of any cancellation or rescheduling of the retreat or any variation to the indicated programme and/or times for the retreat and the arrival or departure times for any organised transport; and/or any loss of, or damage to, your property; and/or acts which may be construed as negligent or accidental; and/or the death of any participant (including you) or any other person or for injury, harm, disease or damage to health, whether physical, mental or otherwise (including mental or nervous shock or distress) suffered by you or any other person.

You indemnify ROLLING SANDS at all times against any losses, damage, expenses or costs suffered or incurred by ROLLING SANDS, its director, staff, employees, guest instructors and agents as a direct or indirect result of: a breach by you of your obligations under these terms and conditions.; and/or any damage caused by you to the property of any third party, that this third party seeks to recover from ROLLING SANDS.

INSURANCE

You are strongly advised to purchase comprehensive travel insurance that includes trip cancellation, evacuation, possible loss of personal belongings and medical cover. Please read your insurance policy carefully and ensure it covers all potential activities. In a medical emergency, any evacuation, medical or other expenses are the financial responsibility of that individual.

PAYMENT

A 50% non-refundable deposit is required to confirm a booking and secure your spot. Full payment must be received 6 weeks prior to trip departure date.

CANCELLATIONS AND REFUNDS

ROLLING SANDS reserves the right to cancel any retreat at any time due to unforeseen circumstances and/or circumstances outside of ROLLING SANDS’ control, to be determined by ROLLING SANDS in its sole discretion. In the event of a retreat being cancelled, ROLLING SANDS may: with your agreement, transfer your registration to a later ROLLING SANDS retreat; and/or where you are unable to attend a later retreat, consider the provision of a refund (partial or otherwise), but ROLLING SANDS will be under no obligation to agree to a transfer of your registration or to provide a refund. The decision as to whether to provide a transfer or refund will be at ROLLING SANDS’ sole discretion.

You acknowledge and agree that ROLLING SANDS will incur costs in organising the retreat that ROLLING SANDS may still need to meet in the event that a retreat is cancelled.

You agree that ROLLING SANDS is under no obligation to provide you with a refund (including a partial refund) in the event that you are unable to attend the retreat, or continue with the retreat, for any reason whatsoever, including events beyond your control, injury and medical problems, airline delays, and weather. In the event that you are unable to attend the retreat, you may transfer your registration to another person subject to the following conditions: you must notify ROLLING SANDS as soon as possible regarding the transfer of your registration to another person (the transferee); the transferee must completes ROLLING SANDS’ registration form; the transferee must agrees to be bound by these terms and conditions; until the above conditions have been satisfied, any transfer of your registration will be ineffective; any additional agreements between you and the transferee are matters for those parties; and you remain liable for any amounts not paid to ROLLING SANDS (if any) until those amounts have been paid by the transferee. You agree that ROLLING SANDS is under no obligation to arrange a transfer of your registration for you.

You also agree that ROLLING SANDS is under no obligation to provide you with a refund (including a partial refund) in the event that you are late for the retreat, or for any relevant departure time for transport to and from the retreat or for any of the scheduled activities, including due to events beyond your control.

CHANGE OF INSTRUCTOR(S)

In the event that any of the advertised instructor(s) have to cancel their participation at the retreat, ROLLING SANDS will do its best to find a substitute instructor. However, the change to any of the instructor(s) does not give you rise to the right to cancel your registration and/or obtain a any refund by you.

COVID-19 GOVERNMENT REQUIREMENTS

You acknowledge and agree that from time to time, the New Zealand Government may implement laws and rules in response to the COVID-19 pandemic (or another global health issue). Those laws and rules may impose obligations on ROLLING SANDS and you.

In the event that you do not comply with any relevant laws or rules necessary for you to attend ROLLING SANDS (including any vaccination requirements), you agree that ROLLING SANDS has the right to exclude you from the retreat and you will not be entitled to any refund whatsoever, although you may request to transfer your registration in accordance with the relevant provisions contained in the Cancellation and Refunds section of these terms and conditions above.

You agree to provide any information reasonably requested by ROLLING SANDS to confirm your ability to attend the retreat and your compliance with any applicable laws and rules, including your vaccination history.

PRICING

All prices are listed in New Zealand dollars (NZD) and are inclusive of GST.

TAKING OF PHOTOS AND VIDEOS BY ROLLING SANDS

You acknowledge and agree that we may take photos and video during the retreat and related activities for marketing reasons. ROLLING SANDS and/ or the photographer/videographer hold the unrestricted right to use and publish videos and photographs in which you may be included for editorial, trade, advertising, and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without your inspection or approval. While we may will take all practical steps to consult with you prior to publishing any imagery that you feature in, ROLLING SANDS is under no obligation to do so. this cannot be guaranteed. Please advise us in advance if you do not wish to be photographed or filmed.

CONSEQUENCES FOR POOR BEHAVIOUR

ROLLING SANDS prides itself on a supportive and inclusive environment.

ROLLING SANDS reserves the right to immediately and promptly exclude participants from the retreat without refund, if they act aggressively, inappropriately or in any other way that negatively impacts on the retreat’s other participants and ROLLING SANDS, its director, staff, employees, guest instructors and agents.

DIETARY REQUIREMENTS

Whilst ROLLING SANDS will try to accommodate most notified special dietary requirements, this is not always possible.

PRIVACY POLICY

We respect your privacy and, except as otherwise provided in these terms and conditions, will do everything that we can to protect it.

In the course of the booking process we will request and collect the following personal information from you - name, contact information, emergency contact information, interests, date of birth, gender, medical conditions, allergies, dietary requirements, and vaccination history (if applicable)and any required certification for specific activities. This personal information is collected for the purposes of organising and running the retreat, and to ensure that ROLLING SANDS can provide you with the best possible experience and care (if necessary).

Your personal information will not be provided to any third parties other than those parties involved in the running of the ROLLING SANDS retreat, including accommodation providers, food providers, activity providers, ROLLING SANDS’ staff, employees and guest instructors, and, in the event you require medical care, medical provider(s).

You may request a copy of any personal information held in relation to you by ROLLING SANDS by email to info@rollingsands.co.nz .

Unless you request otherwise, ROLLING SANDS will retain your personal information in electronic format for the purposes of any future retreats. In collecting this personal information, ROLLING SANDS will comply with its obligations under the Privacy Act 2020.

GENERAL TERMS

These terms and conditions constitute the entire agreement between you and ROLLING SANDS and supersedes and extinguishes all prior agreements and understandings between the parties. Any provision of, or acknowledgement in, these terms and conditions for the benefit of ROLLING SANDS, its director, staff, employees, guest instructors or agents is intended to be enforceable at their suit (respectively) pursuant to subpart 1, of part 2, of the Contract and Commercial Law Act 2017.

ROLLING SANDS reserves the right to update, change or replace any part of these terms and conditions at any time without notification to you. The terms and conditions that apply to you will be the terms and conditions displayed on the ROLLING SANDS’ website at the time of your registration.

These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand.

You agree that your successors, executors, administrators and next-of-kin are bound by these terms and conditions.