Liz McComish
Somatic Healing Retreat 
Terms & Conditions

Thank you for making a booking with Liz McComish 
ABN 75 286 097 060 
Women’s Somatic Healing Retreat 

1. Agreement

(a) By agreeing to these terms and conditions (Terms & Conditions) the  following constitutes a legally binding contract (Agreement) between You and Liz McComish: 

(i) the details set out on the sales page of the Website at https://lizmccomish.com/somatichealingretreat (Retreat Sales Page);  

(ii) the details provided by you on the checkout page of the Website (Checkout Page);

(iii) these Terms & Conditions; 

(iv) the Release and Waiver contained at the end of this Agreement (Release and Waiver);  and 

(v) any details provided to you in writing regarding the Retreat.

2. Party and Retreat Details

(a) Your details are as provided by you on Retreat Sales Page (You, Your). 

(b) The retreat details are set out on the Retreat Sales Page. 

(c) The fee for the retreat (Retreat Fee) is set out on the Retreat Sales Page.

3. Retreat Registration & Fees

(a) The Retreat Fees are set out on the Retreat Sales Page.  

(b) Your place at the Retreat is only secured once Liz McComish has received the Retreat Fee  in full or, if you are paying on a payment plan, the Deposit, and You have agreed to the Release and Waiver. 

(c) If Liz McComish does not receive Your total Retreat Fee on or before the Final Payment Due  Date and has been unsuccessful in reaching an agreement for the payment of the outstanding  Retreat Fee, Your place in the Retreat may be forfeited and offered to another applicant. The  forfeiture of Your place in the Retreat is to be determined at the sole discretion of Liz McComish. 

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

4. Fee Inclusions and Exclusions

(a) The Retreat inclusions are set out on the Retreat Sales Page. 

(b) The Retreat Fee excludes:

• Excess baggage charges; 

• Flights; 

• Travel insurance; 

• Alcoholic Beverages. 

5. Cancellation Policy and Refunds

Cancellation by Liz McComish 

(a) Liz McComish 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 Liz McComish be responsible for any other amounts including but not limited to airfares, accommodation, losses, damages or preparation  costs. 

Cancellation by You Prior to Retreat 

(b) If You wish to cancel Your booking You must do so in writing to [email protected].  

(c) If You cancel at least 60 calendar days before the Commencement Date, You will be eligible for a refund of 50% of the Retreat Fee. 

(d) Any cancellations made within 60 calendar days of the Commencement Date will not be eligible for a refund of any kind. 

(e) You may suggest a replacement participant to Liz McComish, and such participant will only be accepted upon written confirmation to You by Liz McComish. Liz McComish reserves the right to refuse any suggested participant at their sole discretion.  

(f) If a replacement participant is accepted by Liz McComish, and if the replacement participant agrees to the Retreat terms and conditions, Liz McComish will provide You with a full refund of the Retreat Fee paid by You upon full payment of the Retreat Fees by the replacement participant. 

(g) If a replacement participant is rejected by Liz McComish, any monies paid will be forfeited.

Cancellation by Participant during The Retreat 

(h) 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  [email protected]. 

(i) 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. 

6. Force Majeure 

(a) If the Retreat is delayed or cancelled as a result of unforeseen circumstances or causes beyond Liz McComish’s 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 Liz McComish for damages or otherwise.  

(b) If a force majeure event occurs, Liz McComish will not be considered to 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 5 will apply.  

7. Informed Decision

(a) Before agreeing to these Terms & Conditions, You acknowledge and agree that Liz McComish is not a travel business, and that Liz McComish 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 Liz McComish 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, a pandemic, 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.  

(b) 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 any and all  risks associated with domestic and international travel and The Retreat in general.

8. Responsibility for Preparation

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

(b) You warrant that Liz McComish (and Liz McComish 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).

9. Intellectual Property Rights

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

(b) If Liz McComish provides any intellectual property to You as part of the Retreat (such as workbooks or presentation notes or slides), Liz McComish 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 Liz McComish to You under this  Agreement.

10. Disclosure and 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 (Confidential Information). 

(b) Either Party must not disclose any Confidential Information to any third-party without the other  Party’s, 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.

11. Travel Insurance

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

12. Health and Health Insurance 

(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  traveling 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 Liz McComish 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 Liz McComish to take action  deemed in good faith to be necessary for your health and safety. 

(f) You assume full financial responsibility for, and release Liz McComish from, any and all  liabilities resulting from the good faith exercise of this authority. 

13. Changes in Retreat

(a) While Liz McComish 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.  

(b) 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 Liz McComish deems it necessary to do so due to conditions that could be hazardous,  dangerous, adverse or threatening.  

(c) Liz McComish may also deem it necessary to make these changes due to an act or omission of a third party or any other reason that prevents any aspects of portions of the Retreat from  being commercially necessary.  

(d) Should any actions be taken under this clause, a refund will not be issued.

14. Disclaimer

(a) You are solely responsible for creating and implementing Your own physical, mental and  emotional well-being, decisions, choices, actions and results arising out of or resulting from  the workshops, sessions and interactions with Liz McComish. As such, You agree that Liz McComish is not and will not be liable or responsible for any actions or inaction, or for any direct  or indirect result of any services provided by Liz McComish.  

(b) You understand that Somatic Healing is not a substitute for mental health attention, examination,  diagnosis and treatment. It is Your exclusive responsibility to seek such independent  professional guidance as needed. If You are currently under the care of a mental health  professional, it is recommended that You promptly inform the mental health care provider of  the nature and extent of Your participation in the Retreat. 

(c) You understand that in order to enhance Your experience in the Retreat, You agree to  communicate honestly, be open to feedback and assistance and to create the time and energy  to participate fully in the Retreat. 

15. Photography, Video and other Media Release

You agree that by participating in The Retreat You irrevocably grant Liz McComish, 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  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.  You understand that You will inform Liz McComish prior to the retreat if your images need to be kept confidential.

16. Release of Claims

(a) 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, Liz McComish 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. 

(b) It is understood and agreed that Liz McComish 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. 

(c) 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 Liz McComish shall in no way be liable for Your actions, safety, loss and damage.

17. Dispute Resolution & Mediation

If a dispute arises out of, or relates to these Terms & Conditions, either party may not commence  any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement in  good faith, through an appropriate mediator to be appointed by an independent third party, as agreed,  or his or her nominee and attend a mediation. 

18. Modification

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

19. Governing Law

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

20. 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. 

21. Agreement

You acknowledge that prior to signing these Terms & Conditions, You have read these Terms &  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 & Conditions, You voluntarily accept  the Terms & Conditions of this Agreement and proceed with the understanding that Liz McComish shall rely on the statements and warranties herein contained.

You will be required to sign and return the following Release and Waiver to Liz McComish to confirm your place as a Retreat participant. 

Activity Release and Waiver

The Liz McComish Somatic Healing Retreat includes participation in a variety of educational, recreational  and other activities (Activities). By proceeding with Your booking, You acknowledge You have read and  agree to the Activity Release and Waiver. 

(a) I am at least 18 years of age and legally competent to sign this document. 

(b) I agree to abide by any guidelines or rules of the Retreat provided by Liz McComish. I am  responsible for any damage to any equipment, facilities or anything else which I may cause due to  negligence. 

(c) I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Liz McComish,  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, Liz McComish,  provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful  or wanton misconduct. 

(d) I understand and acknowledge that to the extent permitted under relevant statutes, Liz McComish 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. 

(e) 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 Liz McComish. As such, I agree that Liz McComish 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 Liz McComish.

(f) I understand that Liz McComish 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. 

(g) I understand and acknowledge that any food served during the Activity has not been prepared by  Liz McComish and Liz McComish does not warrant that the food is safe to consume. 

(h) 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. 

(i) 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 Liz McComish, whether by agreement, by operation of law, or otherwise.

(j) I have read, understood and fully agree to the term of this WAIVER AND RELEASE. I understand  and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal  rights.