Ikigai Tribe Retreat Terms of Agreement

Please read these Terms of this Ikigai Tribe Retreat Agreement (‘Terms’) carefully before purchasing the Ikigai Tribe Retreat (‘Retreat’).

By purchasing the Retreat, you are acknowledging that you have read and agree to these Terms.

Terms

I am so excited that you wish to join the Ikigai Tribe Retreat in Japan in November of 2024. Please read this information carefully.

These terms set out the Retreat requirements, the expectations of you, and the support/mentoring you can expect from us as you participate in the Retreat. It is our desire to serve you whole-heartedly in this Retreat with cultural experiences, support and guidance.

In this agreement, when we talk about ‘we’ ‘our’ or ‘us’, we mean Ikigai Tribe ABN 75 514 813 287. When we talk about ‘you’, we mean you, a participant in our Retreat.

Ikigai Retreat Description

The Retreat will include access to information, training and materials (collectively called ‘Retreat Materials’), as well as provide accommodation, transportation, meals and drinks, activities and support for the duration of the Retreat, November 1st to November 9th, 2024.

The Retreat includes:

4 pre-retreat webinars
2 post-retreat webinars
The Ikigai Tribe Retreat workbook
Access to the Ikigai Tribe Retreat membership
The Find Your Ikigai Course
8 nights accommodation
All Transportation during the retreat
All meals and drinks
Guest speaker fees
Entrance fees
Workshops
Luggage forwarding service

Retreat Requirements

To participant in the Ikigai Tribe Retreat, you must:

Have travel insurance
Attend all pre and post Retreat webinars
Participate in all Retreat activities

Responsibilities

During the Retreat:

You are responsible for your own travel arrangements and costs to, from and within Japan before and after the retreat.
You are responsible to settle any incidentals (drinks, mini-bar or anything consumed that is not part of the retreat inclusions)
It is your responsibility when travelling or transiting a country to ensure that you have valid passports, visas, visa waivers, re-entry permits which meet the requirements of the local immigration and/or government authorities.

Expectations

To participate in the Retreat, you must:

Respect and comply with these Terms
Show respect and kindness to all others participating during the Retreat, including our volunteers, contractors and accommodation staff
Use the Retreat Materials only as intended and in accordance with these Terms
Follow any branding guidelines provided by us in relation to the Retreat Materials, respecting all copyright and trademark rights. We reserve the right to update current guidelines or produce new branding guidelines at any time
Not publicly or privately disparage us or the Retreat, Retreat Materials, brand or logo, or any other aspect of our business

Communication

Should you have a question related to the Retreat, you may send an e- mail to support@ikigaitribe.com. We will do our best to reply to you within 24 hours.

Investment and Payment

Retreat Fee – We offer either an up-front payment in full option or an instalment plan of 4 x monthly instalments.

Payment in Full – If paying in full, your investment is 1 payment of $7995 USD and must be paid upfront prior to participation being granted to the Retreat. Payment will be prompted on the website via credit card. Please contact us directly if you would prefer to pay by bank transfer.
Payment by Instalments – If paying by instalments, you are agreeing to pay 4 instalments of $2000 USD (a total of $8000 USD). Your instalments will be charged automatically to your credit card or PayPal (as applicable) and will be payable by you before commencement of Retreat.

Payment of all instalments is due prior to commencement of the Retreat. The next 3 instalments are due monthly, on the same day of the month as the day of the month the first payment was made.

Authorization and Receipt – If paying by credit card, you give us permission to automatically charge your credit or debit card as payment for the Retreat for which you will receive an electronic receipt. For any instalment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.

Missed Payment – We understand that there can be major life events or circumstances that prevent making payment on time, so we do allow you a 3-day grace period in which to make payment. However, if payment has not been received within that time frame, in addition to our other rights, we reserve the right to terminate this agreement and stop your access to and participation in the Retreat immediately.

Refund Policy – We do not allow refunds of the Retreat fees for changes of mind. Due to the nature of this Retreat and because we have obligations to make payments to secure accommodation and transportation, unless otherwise required under Australian Consumer Law or other relevant legislation, you acknowledge that all sales are final and that we do not offer refunds for any portion of your payment for changes of mind.

If you are unable to attend, you may choose to reschedule to the next Retreat or transfer your place in the Retreat to someone else, subject to approval, until 1 month before the Retreat date. If you are transferring your place in the Retreat, it is your responsibility to notify me and provide me with your transferee’s contact details so that I can interview them and ensure they sign this Agreement and complete the intake form.

If you are prevented from attending the Retreat due to extenuating circumstances beyond your control, such as covid or a death in the family, please notify us immediately. If it is more than 1 month before the Retreat, we will refund your payment in full. If the Retreat is less than 1 month away, we will negotiate a resolution which may include transferring your participation to a later Retreat or charging an administrative fee for processing your refund.

By purchasing the Retreat, you agree that you will not issue a chargeback for any payment made as we have a clear Refund Policy which you have agreed to. If you issue or attempt to issue a chargeback, we reserve the right to report the charge back as incorrect by producing a copy of this refund policy and to seek enforcement of payment of the Retreat fees by you.

In circumstances where we do refund money please note, as we accept payments in USD, we also refund in USD, not the local currency of a customer.

Confidentiality

We aim to keep information exchanged privately with us during the Retreat confidential. This clause does not restrict us from sharing your information with our staff, team members or contractors who have a reasonable need to know such information, or where we are required to do so by law.

You acknowledge that where you share information via shared or public access areas (for example group chat rooms), these areas are accessible by others and we do not protect the confidentiality or privacy of any information shared.

Intellectual Property Rights

All content, images video or information in the Retreat, the Retreat Materials, or on our website (https://ikigaitribe.com), together with any documents or other information we provide to you or use within our business, our business name, logo and/or trade-marks and any other printed or electronic information or data of ours is, and remains, our intellectual property. Our intellectual property also includes the content, layout, design, data, databases and graphics related to the Retreat and Retreat Materials (both parts of this clause are collectively called ‘our IP’).

When we make our IP available to you for your use (for example if we provide you with log-in access to view video training), we grant you a revokable, limited, non-exclusive license to use that part of our IP that is intentionally made available for your use, only for your personal use within your business or practice and only for its intended purpose. Unless otherwise agreed in writing, we do not grant you any other right to use our intellectual property. Our intellectual property is a valuable asset of our business and we take steps to protect it.

This means that when you purchase the Ikigai Tribe Retreat, you are purchasing the limited right to use the Retreat Materials exactly in the form and manner that is instructed and provided by us, unless otherwise specified. You may not change the content or add any other logos or information as the content of the Retreat Materials must only be used exactly as is.

You agree you will not remove our copyright marking or other trademark or ownership branding from any of our IP.

If we have branding guidelines for use of our logo, trademark or business name, you must comply with our guidelines. We reserve the right to update our branding guidelines or introduce new branding guidelines at any time and the new branding guidelines will take effect 30 days after we notify you of the update or changes (notification may be by posting a copy of the new or amended branding guidelines on our website). You may not use our, logos, taglines, website content or any language relating to the Retreat, and Retreat Benefits, or us in a manner that constitutes an infringement of our rights or that has not been authorised by us.

Prohibited Activities and Information You May Not Share with Others:

You understand and acknowledge that the information obtained for the Retreat and Retreat Materials has been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorised use.

When you enroll in the Retreat and use the and Retreat Materials, you expressly agree that you will not use our IP in any way that is contrary this Agreement. You agree that you are clearly and expressly forbidden from doing the following:

You may not alter the copyright or trademark indicia in any way, unless otherwise specifically granted permission to do so, and you may not remove any of these items.
You may not use any Retreat Materials other than in instances where we give you written permission, in your own work or practice with clients as these are training materials for your own use, and specifically not for use with in any way with your clients.
You may not alter or misrepresent the Retreat Materials in any way as yours or in any way created by you, unless otherwise agreed by us.

You may not duplicate or share the Retreat Materials with any other person, and you are not authorised to train any other person or business how to use or create the Retreat Materials for their own commercial or business use with their own clients.

If you become aware that someone else intends or uses the Retreat Materials for commercial or business use without our express permission, you agree to notify us immediately. Violation of this section may be considered theft or stealing, and therefore you or others would be acting without permission and directly contrary to, and in violation of, the limited license you have been granted through this Agreement.

You may not use the Retreat Materials in any way to make you money, such as in an e-book, book that is self-published or published through a publishing company and/or self-publishing effort, online publisher, or any other publishing company/vehicle., regardless of whether you add your own unique material to it or not.

You are expressly forbidden from creating derivative works from our IP including your own program or course that is identical or substantially similar to our Retreat Materials, in full or in part, or using our IP for any business or commercial use other than as permitted through this Agreement.

Except as specifically provided by us, you are prohibited from copying, editing, modifying or stealing any photos, collages, banners, text, descriptions and/or any other information produced by us describing, promoting or marketing contained on our website, sales pages, e-mail, video, or any Retreat Materials or correspondence belonging to us or that you may receive from us. By downloading, printing, or otherwise using the Retreat Materials for your own business in no way gives you any copyright or ownership rights of that material.

All rights not expressly granted in these terms are reserved by us.

Where you provide information, data, images, video, a link to your website for display in our directory or any other copy, item or thing, either directly to us or by posting via our website or social media (‘your content’), you grant us a revokable, limited, non- exclusive license to use your content in delivering our services and for our business purposes. You agree we may identify you as the author of any of your content, including identifying you by name, email address, or screen name, as we deem appropriate.

By entering into this agreement, you warrant:

You own (or have the authority and right to use) your content and you have the authority to grant the above license; and
You are above the age of 18; and
You agree to our use of your content as described above.

You understand we are relying on the above warranty and you agree to indemnify us and keep us indemnified from any loss or damage we suffer arising from your breach of the above warranty, our use of your content or your breach of any other term in this agreement.

Personal Responsibility, Disclaimer & Release of Claims

Personal Responsibility & Assumption of Risk – You acknowledge that you take full responsibility for your health and well-being, and all of your choices, actions, and results made before, during and after your Retreat. We have used care in preparing the information provided to you during the Retreat however the Retreat is made available to you for your informational and educational purposes only. You understand that you are expressly assuming all of the risks of the Retreat, whether or not such risks were created or exacerbated by us, and you are solely responsible for the results experienced by you or your clients.

Representation - You confirm that you are an adult, over 18 years of age. You certify that you are healthy, mentally, and physically fit to participate in the retreat, and that you take personal responsibility for acquiring suitable health and/or travel insurance to be able to participate in the Retreat.

You confirm that I do not have any legal restrictions that prevent you from participating in the activities, as well as no medical restrictions.

You confirm that you are unaware of any health condition that may prevent you from participating in the Retreat, as well as indemnifying Ikigai Tribe from responsibility for any unknown health eventuality that may affect me during the retreat.

Assumption of Risk - You understand and are aware that your participation in the Retreat may involve risks that may lead to tangible or intangible harm or injuries, and you agree that they may result not only from our actions but also from the actions of others, because the Retreat involves a group of people and activities in group, travel and transportation to the retreat and to participate of group activities within the retreat locations. With the knowledge and understanding of these risks, you choose to participate in the Retreat of your own will and volition.

Medical Disclaimer – The Retreat is not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through the Retreat is not intended to be a substitute for professional medical advice, diagnosis or treatment. Do not disregard professional medical advice or delay seeking professional advice for yourself or your client because of information you have received through the Retreat or from us in any other way.

If you have, or suspect that you have a medical or mental health issue, you must promptly seek help from a qualified medical practitioner or, in the case of an emergency, assistance from an emergency medical provider. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

No Warranties: Other than obligations we cannot exclude under Australian Consumer Laws, the Retreat and Retreat Materials are provided ‘as is where is’ without warranty of any kind. We make no guarantee that any information or service provided will be accurate, up-to-date or complete or fit for any particular purpose.

Technology Disclaimer: We try to ensure that the availability and delivery of our Retreat and Retreat Material is uninterrupted and error-free, including our content and communications or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Retreat Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Retreat Materials inaccessible to you.

Passwords: To use certain features of our Retreat Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your enrollment and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn that you have shared your username and/or password with another person, in addition to any other rights we have, we reserve the right to immediately terminate your access to the members area or group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By participating in the Retreat, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately deactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

Errors or Omissions: We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Retreat or Retreat Benefits. We aim to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Limitation of Liability

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the Retreat or Retreat Materials in any way, including without limitation any liability for loss to you of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

While we will use reasonable skill and care in delivering the services, no warranty or guarantee is given that delivery of our services will result in your desired outcome. To the fullest extent permitted by law, and without limiting the application of the Australian Consumer Law, you agree the total aggregate liability to us for any claim(s) by you in respect of any service we provide to you, including the Retreat and Retreat Materials, is limited to the amount actually paid by you to us in the 6 month period prior to the claim or cause of action arising.

Any limitations of liability in this agreement survive any termination or expiration of this agreement, or your use of our services.

Indemnification and Release of Claims: We will not be held responsible in any way for the information that you request or receive through the Retreat and Retreat Materials. By purchasing the Retreat, to the extent permitted by law, you fully and completely hold harmless, indemnify and release us and any employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or will have in the future against us, arising from your participation in or in any way related to the Retreat or Retreat Materialss, unless arising from the gross negligence on our part.Media Release: By participating in our Retreat, including any member area or related group or social media platform, you consent to our use of testimonials, photographs, videos, and/or audio recordings that may be made by us or provided by you, that may contain your image, text, voice, comments and/or your likeness. Please note that these postings and/or recordings may or will be shared with potential clients or other clients who have purchased our programs or products, used on social media or used in our marketing, business or services.

Other Important Terms

Notice: We may provide notice to you under this Agreement by e-mail to the e-mail addresses as provided at the time of registration or as last updated by you. You may provide notice to us by using the email address found on our website under the ‘contact us’ page.

Force Majeure: Other than for payments due under this agreement, in the event that any cause beyond our reasonable control, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, service restrictions including cloud based complications, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for us to perform our responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, we will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill our responsibilities and obligations.

Entire Agreement, Assignment, and Waiver: This Agreement contains our entire agreement. This agreement may be modified or amended at any time if the amendment is made in writing and is signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else. If any of these Terms are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect

Relationship – We are providing services to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise.

Governing law – This agreement is governed by the laws of Victoria, Australia, and you agree to be subject to the jurisdiction of the courts of Victoria, Australia if there was a serious dispute between you and us.

Dispute Resolution – It is hoped that should we ever have any differences we could be able to work them out through e-mail correspondence. However, should a dispute ever arise between us, we agree now that:

(a) Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any question regarding its existence, validity or termination shall be settled by expert determination administered by the Australian Disputes Centre (ADC).

(b) The expert determination shall be conducted in Victoria in accordance with the ADC Rules for Expert Determination operating at the time the dispute is referred to ADC (The Rules).

(d) This clause shall survive termination of this agreement.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, to disparage the Retreat, Retreat Materials or us. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

By purchasing the Ikigai Tribe Coach Certification Program, we are both acknowledging that we have read, understand, agree to and accept all of the terms in this Agreement, and that you forfeit any right, claim, or ability to hold Ikigai Tribe responsible for any tangible or intangible damages, or losses, including loss of property, or loss of life that may occur during or after my use of the facilities and participation in the Retreat as well as in its external activities.