THE POWER WITHIN RETREATS & EVENTS

Terms & Conditions

These Terms & Conditions apply to all retreats and events offered under The Power Within, co-facilitated by Em of The Yin Crowd and Mark Moon of The X Breath. Please read them carefully before booking.

In these Terms & Conditions, "The Power Within", "we", "us" and "our" refer to The Yin Crowd and The X Breath, together and individually, as organisers of The Power Within. "You" and "your" refer to the person booking or participating.

1. SCOPE OF AGREEMENT

By booking or participating in a retreat or event with The Power Within, you agree to these Terms & Conditions and to the Breathwork Waiver (thexbreath.com.au/breathwork-waiver).

They apply to all Power Within retreats, one-day retreats, immersions, residential experiences, workshops and events held in Australia or internationally.

2. PRICING

All prices are listed in AUD unless otherwise stated.

Your investment covers only what is explicitly included in the retreat or event offering.

Unless specified, pricing does not include:

• Flights or transport

• Travel insurance

• Medical insurance

• Airport transfers

• Visas or travel documentation

• Personal expenses

• Additional accommodation outside retreat dates

Pricing is fixed and non-negotiable.

3. DEPOSIT & PAYMENT TERMS

To secure your place, a $500 non-refundable deposit is required per person at the time of booking. The only exceptions are set out in Clause 4.

If you are booking with a partner or friend, each guest must complete their own application and pay their own deposit.

Your place is confirmed once we have received both your completed application and your deposit.

Once your deposit is received, Mark will email you your balance payment schedule and confirm your room. The remaining balance is paid in three equal monthly instalments, unless otherwise agreed in writing.

All balances must be paid in full no later than 14 days before the retreat or event begins.

Bookings made within 30 days of the start date may require full payment upfront.

If payments are not completed within the agreed timeframes, your place may be released and any monies paid forfeited.

4. DEPOSIT REFUND EXCEPTIONS

Your $500 deposit is non-refundable, except in the following two circumstances, where it will be refunded in full:

Room unavailability

In the unlikely event that your selected room has been double booked and we are unable to offer you another suitable room, your deposit will be refunded in full.

Breathwork contraindication

If you have declared a breathwork contraindication in your application (in the Breathwork Safety Check or health section) and, after consultation with Mark Moon, the retreat or event is deemed unsuitable for you, your deposit will be refunded in full.

This exception applies only to contraindications declared honestly and fully in your application. It does not apply to conditions that were not disclosed, or that arise or change after your application is submitted, unless otherwise agreed in writing.

Where either exception applies, any other monies you have paid to us will also be refunded in full.

5. CANCELLATION POLICY

All cancellations must be made in writing.

Outside the exceptions in Clause 4, the $500 deposit is non-refundable.

Cancellations made more than 30 days before the start date will receive a 50% refund of monies paid, excluding the non-refundable deposit.

Cancellations made within 30 days of the start date are non-refundable.

Due to the nature of retreat planning, accommodation commitments, venue hire, staffing and preparation costs, no exceptions can be made for cancellations by you, including for:

• Illness or injury

• Personal circumstances

• Travel disruption or delays

• Weather events

• Government restrictions

• Pandemics or public health events

• External or unforeseen events outside your control

No refunds will be issued for late arrival, early departure or non-attendance.

6. TRANSFERS & CREDITS

Transfers to another Power Within retreat or event may be considered at our sole discretion.

• Transfers are not guaranteed

• Additional costs may apply

• Credits are non-transferable and subject to expiry dates where applicable

7. RETREAT CHANGES

We reserve the right to make reasonable changes where necessary, including to:

• Facilitators or teachers

• Schedules

• Practices or inclusions

• Venues or accommodation arrangements

• Meals or catering arrangements

• Excursions or activities

These changes do not constitute grounds for a refund or compensation.

8. RETREAT CANCELLATION BY US

If we cancel a retreat or event for any reason, you will be offered:

• A transfer to a future Power Within retreat or event, or

• A refund of payments made directly to us

To the fullest extent permitted by law, The Power Within, The Yin Crowd and The X Breath are not responsible for external costs you have incurred, including but not limited to:

• Flights

• Accommodation

• Travel expenses

• Visa costs

• Medical expenses

• Personal purchases

• Loss of income

• Third-party bookings or reservations

9. TRAVEL RESPONSIBILITY

You are solely responsible for arranging and managing your own travel to and from the retreat or event unless otherwise stated. This includes:

• Flights

• Transfers

• Visas

• Travel documentation

• Insurance

• Passport validity

• Vaccination or entry requirements

Where we connect participants for shared travel, all arrangements remain your personal responsibility and occur entirely at your own risk.

10. ACCOMMODATION

Accommodation is allocated based on the structure of each retreat.

• Room requests are not guaranteed

• Shared accommodation may involve being paired with another guest

• Additional fees may apply for room upgrades or changes

• Rooms are allocated in the order confirmed bookings (application and deposit) are received

If you book shared accommodation and no suitable roommate is available, an additional private room fee may apply.

If your selected room is unavailable, we will contact you to discuss alternatives. See Clause 4 for when your deposit will be refunded.

11. INSURANCE

All retreat participants are required to obtain comprehensive travel and medical insurance suitable for the location and nature of the retreat.

Insurance should include, where applicable:

• Medical treatment

• Emergency evacuation

• Personal injury

• Travel delays or cancellations

• Loss or theft of personal belongings

• Participation in wellness or physical activities

Participation in retreat and event activities, including but not limited to breathwork, yoga, movement, meditation, sauna, ice bath, hiking, nature-based practices, workshops or other wellness activities, carries inherent physical, emotional and psychological risk.

You participate voluntarily, at your own discretion and responsibility.

12. HEALTH, BREATHWORK & PERSONAL RESPONSIBILITY

You must disclose any relevant medical, psychological, emotional or physical conditions, injuries, medications and breathwork contraindications in your application at the time of booking.

Breathwork is a powerful practice. If you declare a contraindication, Mark will contact you before the retreat to talk it through.

We reserve the right to refuse or cancel your participation, or to ask you to sit out or modify specific practices, if we reasonably believe a retreat, event or practice may not be suitable for your condition, or may compromise the safety, wellbeing or experience of you or others. Where this relates to a contraindication you declared in your application, Clause 4 applies.

Our retreats and events are not a substitute for medical, psychological, psychiatric or therapeutic treatment.

You acknowledge and agree that:

• You have read and agree to the Breathwork Waiver

• You are fully responsible for your own wellbeing and participation

• You will listen to your body and modify or stop practices where necessary

• You will seek professional medical advice where appropriate

• You participate voluntarily and entirely at your own risk

You further acknowledge that retreat activities, including breathwork, may trigger physical, emotional, psychological or energetic responses.

13. ALLERGIES & DIETARY REQUIREMENTS

We will do our best to accommodate dietary requirements where possible. However, we cannot guarantee an allergen-free environment.

Participation and food consumption occur entirely at your own risk.

To the fullest extent permitted by law, The Power Within, The Yin Crowd and The X Breath accept no responsibility for allergic reactions, food sensitivities, illness, injury or health complications arising from food consumption during the retreat or event.

14. BEHAVIOUR & PARTICIPATION

All participants are expected to behave respectfully toward facilitators, staff, venues and fellow guests.

We reserve the right to remove any participant whose behaviour is deemed:

• Unsafe

• Disruptive

• Aggressive

• Abusive

• Intoxicated

• Harmful to the retreat environment or group experience

No refunds will be provided in these circumstances.

Participants remain financially responsible for any damage caused to retreat venues, property, equipment or accommodation.

15. EXTERNAL CIRCUMSTANCES & FORCE MAJEURE

We are not responsible for delays, changes, interruptions, losses, injuries, damages or cancellations caused by events outside our reasonable control, including but not limited to:

• Severe weather

• Natural disasters

• Fire

• Flood

• Pandemic or epidemic events

• Government restrictions

• Political instability

• Civil unrest

• Airline or transport disruption

• Venue issues

• Power outages

• Equipment failure

• Acts of God or other unforeseeable circumstances

No compensation or liability will arise in these circumstances. If we cancel a retreat or event as a result of any of these events, Clause 8 applies.

16. MEDIA & CONTENT

Photography, video, audio recordings and testimonials may be captured during retreats and events for future promotional use by The Power Within, The Yin Crowd and The X Breath.

By attending, you consent to the use of this content across:

• Our websites

• Social media

• Advertising and marketing materials

• Promotional campaigns

• Educational or digital content

If you prefer not to be included, you must notify us in writing before the retreat or event begins.

17. LIMITATION OF LIABILITY & WAIVER

By participating in a retreat or event with The Power Within, you acknowledge and agree that:

• Participation is voluntary

• Activities, including breathwork, may involve physical, emotional and psychological challenge

• You accept full responsibility for your own wellbeing and participation

• You knowingly and voluntarily assume all risks associated with participation

To the fullest extent permitted by applicable law, The Power Within, The Yin Crowd, The X Breath, and their owners, contractors, facilitators, staff, venues, agents, affiliates and representatives shall not be liable for:

• Personal injury

• Illness

• Emotional distress

• Psychological injury

• Death

• Property loss or damage

• Theft

• Travel disruption

• Financial loss

• Indirect or consequential damages

whether arising in contract, negligence, tort, statute, equity or otherwise.

You release and forever discharge The Power Within, The Yin Crowd, The X Breath and their representatives from any and all claims, liabilities, demands, actions, costs or damages arising from or connected with your participation.

Where liability cannot legally be excluded, liability is limited to the maximum extent permitted under applicable Australian law. Nothing in these Terms & Conditions excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

18. INDEMNITY

You agree to indemnify and hold harmless The Power Within, The Yin Crowd, The X Breath, and their owners, facilitators, contractors, staff, affiliates, venues and representatives from and against any claims, liabilities, damages, losses, legal costs or expenses arising from:

• Your participation in the retreat or event

• Your actions or behaviour

• Your breach of these Terms & Conditions

• Damage caused by you to persons or property

19. INTELLECTUAL PROPERTY

All teachings, materials, recordings, frameworks, concepts, written content and intellectual property shared at Power Within retreats and events remain the exclusive property of The Yin Crowd and The X Breath respectively, unless otherwise stated.

These materials may not be copied, reproduced, distributed, taught, recorded or shared without prior written permission.

20. GOVERNING LAW

These Terms & Conditions are governed by the laws of New South Wales, Australia.

Any disputes arising in connection with these Terms & Conditions or your participation shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

Where you book from outside Australia, you acknowledge and agree that Australian law applies to the fullest extent permitted by international law.

21. AGREEMENT

By booking or participating in a retreat or event with The Power Within, you confirm that you:

• Have read and understood these Terms & Conditions and the Breathwork Waiver

• Agree to all policies outlined above

• Accept full responsibility for your participation and wellbeing

• Voluntarily waive certain legal rights as outlined in this document