EVENT TERMS & CONDITIONS

1 SUBMITTING AN ORDER

(a) By submitting an order for the purchase of a Ticket using the Website’s functionality or via our Ticketing System (defined in clause 5) (Order) you represent and warrant that:

(i) You have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii) you are authorised to use the debit or credit card you provide with your Order.

(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part which you agreed to by using this Website) where we will provide you with the Ticket you have ordered in exchange for your payment of the total amount listed upon checkout.

(c) When you submit an Order, Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed. We reserve the right to accept or reject your Order for any reason. All Tickets are subject to availability.

(d) In the event that you purchase Tickets to an Event on behalf of a third party, you represent and warrant that you have made that third party aware of these terms & conditions and you acknowledge and agree that the actions of that third party shall also be attributed to you for the purposes of these terms and conditions.

(e) Each person who attends any Event agrees to be bound by these terms & conditions which form a binding contractual agreement between the attendee and us. If you do not agree to these terms and conditions, you must not attend the relevant Event.

2 EVENT TERMS

2.1 EVENT INCLUSIONS

(a) At the time of placing an Order, you will have the opportunity to review the inclusions/exclusions of your Ticket. Your Ticket will only include access to those inclusions as set out on our Website at the time of placing an Order. A particular Ticket may include access to different accommodation packages, programs or classes by certain instructors (Coaches), martial arts demonstrations, and social events.

(b) Flights and other transportation to the Event (unless otherwise specified in writing) are not included in your Ticket. You are responsible for arranging your own transportation to the Event, including, if the Event is located outside of Australia, arranging any necessary passport, visa or travel permit required to travel to that location.

2.2 EVENT VARIATIONS

(a) We reserve the right, at any time, to vary:

(i) the schedule of the Event, including the advertised programs, Coaches, attendees, activities, programs operated at the Event, venue(s), accommodation arrangements and any other ticket categories; and

(ii) the date of the Event or any other part of the Event.

(b) If a specific Coach is unavailable to attend an Event, we will endeavour to replace that Coach with an instructor of similar expertise, however, we make no guarantees in this regard. You acknowledge and agree that in booking a Ticket, you understand and accept the risk that one or more of the advertised Coaches may be unavailable to present at the Event for any reason.

(c) To the extent permitted by law, where we cancel or vary an Event, we will not be liable for any other loss, damage, charge or expense (including special, incidental or consequential) incurred by you as a result of such cancellation or variation including without limitation the costs of any travel to the Event. You incur such expenses at your own risk.

2.3 MEALS AND ACCOMMODATION

(a) If you purchase a Ticket that includes food and drinks to be provided at the Event, you agree that:

(i) The meals may be provided by third parties service providers (e.g. restaurants or hotels) and you are responsible for confirming with that service provider that they are suitable for your consumption based on your personal dietary requirements;

(ii) you must notify us at least 1 month prior to the start date of the Event if you have any food allergies, intolerances, medical conditions or other dietary requirements;

(iii) while we will use our best endeavours to ensure all meals consider food allergies and intolerances, we cannot guarantee any meals will be suitable and you will be responsible for notifying us in advance of any dietary requirements;

(b) If you purchase a Ticket that includes alcoholic beverages as part of the Event:

(i) We do not condone excessive or binge drinking and promote responsible drinking of alcohol;

(ii) you must always abide by state and federal laws regarding lawful drinking practices;

(iii) you must not participate in any physical activities at the Event while under the influence of alcohol or any other drugs or illicit substances as those substances impair your ability to participate safely and may result in significant injury or death to you or others; and

(iv) we reserve the right to refuse your further participation in the Event if we suspect that you have not complied with this clause (in which case you will not be entitled to any refund).

(c) If you purchase a Ticket that includes accommodation, you acknowledge and agree that the accommodation is a shared space (which may be occupied by other parties not affiliated with BJJ Escapes) and you are responsible for ensuring your own safety and bringing any additional items you may need during the Event.

2.4 ATTENDEE CONDITIONS

(a) You may be denied entry into the Event, or removed from the Event if you fail to follow these terms or where we have reasonable grounds to do so including (without limitation) where we believe that you have engaged in any illegal or disruptive activities, you are intoxicated, under the influence of illicit substances, represent a security risk, or have acted in a manner which affects the enjoyment of the other attendees at the Event or the public. If you are removed or denied entry from the Event you will not be entitled to any refund.

(b) You acknowledge at all times you are solely responsible and liable for your own behaviour and well-being while participating in any activities at the Event.

(c) The Ticket is also subject to any additional terms and conditions of the owner or licensor of the venue at which the Event is held. Admission to the Event is subject to any of the venue conditions. You agree to comply with all reasonable instructions issued by us or by the owner or licensor of the venue.

2.5 MINOR ATTENDEES

(a) All Event attendees must be at least 18 years of age unless they are under the age of 18 and participating in an Event under the direct parent or guardian consent and supervision (Minor).

(b) If you are the parent or guardian of a Minor, you must ensure that the Minor complies with these terms, and agree to the terms of this Agreement in respect of the Minor. You also agree to indemnify BJJ Escapes for any loss or damage suffered by BJJ Escapes resulting from that Minor’s participation in the Event.

2.6 MERCHANDISE

Where your Ticket includes BJJ Escapes branded clothing, merchandise or equipment (Merch), you agree that:

(a) while we will endeavour to ensure that the Merch provided will be substantial that displayed on our Website, due to screen display, colour and brightness, and image quality, or redesigns of our Merch, the Merch you receive may not exactly match any image on our Website;

(b) the materials that the Merch is made from will be specified by the manufacturer and if you have allergies to particular materials, you must advise us before the Event;

(c) we are not able to deliver the Merch to you in advance of the Event and any Merch will be provided to you at the Event; and

(d) you are responsible for selecting the appropriate size for the Merch at least 1 month before the Event and if you are not able to provide us advance notice of the appropriate size, there may only be limited sizes available and we may not be able to accommodate your desired size.

3 DISCLAIMER

3.1 RISK

You acknowledge and agree that as part of an Event, where you participate in Brazilian jujitsu classes or any other form of martial arts or other physical activities (Activities):

(a) while we make every effort to ensure that all participants are safe during the BJJ Classes, the physical nature of the Activities means that participants may suffer serious injuries including but not limited to sprains, twists, cramps, fractured bones, broken bones, torn ligaments and similar injuries and even death;

(b) you participate in the Activities with full knowledge of the possibility of sustaining a significant injury at your own risk and exclude BJJ Escapes from liability in relation to you sustaining any such injuries;

(c) you assume all risks and liability for injuries to or deaths of persons or damage to property arising in connection with your participation in the Activities;

(d) before participating in any Activities, you must evaluate whether your current skills and physical condition allow you to participate in the exercise in a safe manner;

(e) if you sustain an injury, you must immediately stop participating in the Activities and seek medical attention; and

(f) if you notice an unsafe situation during an Activity or notice another participant with an injury, you must immediately notify the Coach or other instructor or BJJ Escape’s personnel immediately.

3.2 CLIENT REPRESENTATIONS

(a) You acknowledge and warrant that you:

(i) Understand the risks and requirements of the Activities that you will participate in as part of your Order;

(ii) possess the necessary fitness and are physically able to participate in all activities that form part of the Event; and

(iii) do not have any medical conditions or mobility issues which may affect your ability to participate in any Activities under an Order which have not been notified to BJJ Escapes.

(b) You acknowledge that BJJ Escapes (or a Coach) may, at their discretion, refuse to allow you to participate in any Activities if they do not believe that you are fit to participate in the Activities and may not offer you a refund of any Fees paid by you in respect of those Activities.

4 TRAVEL OBLIGATIONS

If you are attending an Event that requires you to travel internationally to the destination where the Event is being held, this clause 4 will apply.

4.1 PASSPORT AND VISA

(a) You acknowledge and agree that all travellers in connection with an Order must have a valid passport, and if applicable, a valid visa, or other travel permit, for international travel.

(b) You acknowledge and agree that:

(i) it is solely your responsibility to ensure that you have a passport and/or visa that complies with any entry and exit requirements of the countries you intend to travel to;

(ii) you will advise us at the time of making your Order if you do not have a valid passport, visa or other travel permit for the destination you intend to travel to;

(iii) any information we provide to you regarding passport and/or visa requirements is of general nature only and should not be relied upon you as professional advice; and

(iv) BJJ Escapes will not be liable to you for any losses whatsoever that you incur in connection with any issues with your passport and/or visa, including but not limited to fines, penalties, ticket cancellations or denied entry into a country.

4.2 INSURANCE

(a) You acknowledge that travel insurance is a mandatory element of some travel arrangements and it is solely your responsibility to obtain insurance that will cover you and all travellers in connection with an Order or Event. Unless explicitly stated otherwise, travel insurance is not included as part of your Order.

(b) We strongly encourage you to take out adequate travel insurance to cover you in all of the regions you will visit, any Event you will be attending, and any cancellations, medical and repatriation expenses, personal injury and accident, contracting any illness (including COVID-19), death and loss of personal baggage and money and personal liability and may request that you provide evidence of obtaining such insurance before completing an Order.

4.3 HEALTH

(a) You acknowledge and agree that:

(i) it is entirely your responsibility to meet any health requirements and recommendations associated with your travel destination; and

(ii) you might be denied entry to some countries or be refused from participating in certain Activities if you do not present certain health-related documentation (such as proof of vaccinations).

(b) Prior to booking travel to an overseas destination, we strongly encourage you to consult DFAT and the equivalent department in the country you intend to travel to for health-related information and see your general practitioner for any required vaccinations and other recommended health treatments.

5 TICKETING SYSTEM

We may direct you to a third-party ticketing platform (currently Wix) (Ticketing System) to complete your order and enable you to purchase a Ticket for an Event. You acknowledge and agree that:

(a) the issuing of Tickets by the Ticketing Systems will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Ticketing System and we are not liable for the security or performance of the Ticketing System;

(b) the Ticketing System may charge a transaction fee in addition to any Fees payable for the Ticket;

(c) once the Ticket is issued to you by the Ticketing System, additional charges may be charged if you need to update the details on your Ticket;

(d) you are responsible for ensuring the details on the Ticket are correct and we will not be responsible for any incorrect or incomplete information you provide to us in an Order you agree to indemnify us for any loss or damage incurred as a result of providing such information.

6 PAYMENT

(a) You must pay the fees for Tickets (Fees) in the amounts, and on or before the due dates, set out at the time of placing an Order and/or on an invoice issued by us to you (Invoice). You must pay the deposit via our Website (or via the Ticketing System) at the time of placing an Order to secure your Ticket.

(b) We will issue an Invoice to you for the payment of any remaining Fees. You must pay the Fees in accordance with the remittance method set out in an invoice.

(c) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

(d) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e) We may use third-party payment providers (Payment Providers) to collect payments for Tickets, currently Stripe. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f) In the event that we discover an error or inaccuracy in the price at which your Order was purchased, we will attempt to contact you as soon as possible and discuss options to rectify the error.

(g) We may at our sole discretion allow you to pay the Fees in instalments. If we allow payment in instalments, you must pay each instalment in the amounts and at the times advised by us at the time of placing an Order.

7 CANCELLATIONS

7.1 CANCELLATION BY YOU

(a) Deposits

The initial deposit paid to secure a Ticket is non-refundable and non-transferable, except where otherwise required by law.

(b) Cancellation 70 days or more before the Event

If you cancel your Ticket 70 days or more before the Event start date, amounts paid toward your Ticket will be refunded, less:

your initial deposit; and
any non-recoverable bank, payment processing or foreign exchange fees.

If you cancel your Ticket 69 days or less before the Event start date, you will forfeit all amounts paid toward your Ticket, unless:

you purchased BJJ Escapes Flex and are entitled to a Flex Credit or Ticket transfer under clause 7.1A; or
you are otherwise entitled to a refund, credit or other remedy under applicable law.

(d) Credits for Future Events

Credits for use toward a future BJJ Escapes Event are not available for cancellations unless:

you purchased BJJ Escapes Flex and are entitled to a Flex Credit under clause 7.1A;
BJJ Escapes otherwise agrees in writing; or
a credit or other remedy is required under applicable law.

(e) Non-Attendance

Non-attendance at an Event, or any part of an Event, does not of itself provide a right to a refund, credit, transfer or rescheduling of your Ticket to a later Event.

Where you have purchased BJJ Escapes Flex, any entitlement to a Flex Credit or Ticket transfer following cancellation will be determined in accordance with clause 7.1A.

(f) Supplier Commitments

Due to our need to commit to accommodation, venues and other supplier arrangements in advance, the cancellation conditions above apply except where:

you have purchased BJJ Escapes Flex and are entitled to additional cancellation flexibility under clause 7.1A;
BJJ Escapes otherwise agrees in writing; or
you have a right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.

Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

7.1A BJJ ESCAPES FLEX

(a) What is BJJ Escapes Flex?

BJJ Escapes Flex (Flex) is an optional booking add-on that provides additional cancellation flexibility on the terms set out in this clause.

Flex is not travel insurance and does not replace or remove the need for appropriate travel insurance.

(b) Purchasing Flex

Unless BJJ Escapes expressly offers otherwise, Flex:

must be purchased at the time the original Ticket is purchased;
applies only to the Ticket in connection with which it was purchased; and
cannot be added to a booking after a cancellation request has been made.

BJJ Escapes may, at its discretion, offer existing Ticket holders a limited opportunity to add Flex after their original booking. Any such offer will be subject to the deadline and conditions communicated by BJJ Escapes.

The Flex fee is payable in addition to the Ticket price.

The Flex fee is non-refundable and is not included when calculating any Flex credit, except where otherwise required by law.

(d) Cancellation 70 days or more before the Event

Where a customer with Flex cancels 70 days or more before the Event start date, the standard cancellation provisions under clause 7.1(b) apply.

Flex does not increase the refund otherwise available under clause 7.1(b).

For clarity, the refund is calculated as:

Refund = Amount Paid Toward Ticket − Initial Deposit − applicable non-recoverable bank, payment processing or foreign exchange fees

(e) Cancellation between 30 and 69 days before the Event – 50% Flex Credit

If you have purchased Flex and BJJ Escapes receives your written cancellation notice between 30 and 69 days before the Event start date, you will be entitled to a BJJ Escapes credit equal to:

50% of the amount actually paid toward your Ticket as at the date of cancellation, after deducting the initial deposit.

For the avoidance of doubt, the calculation is:

Flex Credit = (Amount Paid Toward Ticket − Initial Deposit) × 50%

The remaining 50% of the amount paid toward the Ticket after deducting the initial deposit is forfeited and will not be available as a refund or credit, except where otherwise required by law.

The initial deposit and Flex fee are not included in the calculation of the Flex Credit.

(f) Cancellation less than 30 days before the Event – Ticket Transfer

If you have purchased Flex and are unable to attend the Event less than 30 days before the Event start date, you will not be entitled to a Flex Credit.

You may instead transfer your Ticket to another eligible attendee, subject to the conditions set out below.

You are responsible for identifying the replacement attendee and providing all information reasonably required by BJJ Escapes to complete the transfer.

Any Ticket transfer:

is subject to the requirements and restrictions of any applicable accommodation provider, venue or other third-party supplier;
is subject to the replacement attendee satisfying any eligibility or participation requirements applicable to the Event;
may require payment of any additional third-party costs, fees or charges incurred as a result of the transfer, which must be paid by you or the replacement attendee; and
is not complete until BJJ Escapes has confirmed the transfer in writing.

Once the Ticket transfer has been completed, the original Ticket holder will have no further entitlement to a refund, Flex Credit, Ticket transfer or other benefit in respect of that Ticket, except where otherwise required by law.

Flex is personal to the original Ticket holder and does not transfer to or otherwise benefit the replacement attendee. Once the Ticket transfer has been completed, the Flex add-on attached to the original booking will cease to apply. The replacement attendee will not be entitled to a Flex Credit or any further Ticket transfer under Flex.

(g) Timing of cancellation

A cancellation request must be provided to BJJ Escapes in writing.

For the purpose of determining the applicable cancellation entitlement, the cancellation will be treated as having been made when written notice is received by BJJ Escapes.

For the purposes of this clause 7.1A only, a cancellation request will be treated as received at the date and time the cancellation email is delivered to the designated BJJ Escapes email inbox, regardless of clause 25.

Days are calculated by reference to the scheduled start date of the Event.

For clarity:

70 days or more before the Event: standard cancellation provisions under clause 7.1(b) apply;
30–69 days before the Event: 50% of the amount paid toward the Ticket, after deducting the initial deposit, is provided as BJJ Escapes Flex Credit; and
less than 30 days before the Event: no Flex Credit is available, however you may transfer your Ticket to another eligible attendee, subject to the conditions set out in clause 7.1A(f).

(h) Use of Flex credit

A Flex credit:

is not redeemable or exchangeable for cash;
may only be used toward an eligible future BJJ Escapes Event;
must be used toward an Event commencing within 12 months of the scheduled start date of the original Event;
remains subject to availability at the replacement Event;
may be used toward a Ticket of a higher value, provided the customer pays the difference;
may be used toward a Ticket of a lower value, with any remaining credit balance continuing to be available until its original expiry date;
cannot be used to purchase another Flex add-on;
is personal to the original Ticket holder and cannot be transferred, sold or exchanged unless BJJ Escapes agrees otherwise in writing; and
will expire automatically if not used within the applicable 12-month period.

No cash refund will be provided for any unused or expired credit, except where otherwise required by law.

(i) Credit does not extend on rebooking

Using a Flex credit toward another Event does not extend the original 12-month expiry period.

If a replacement Event is subsequently cancelled by the customer, the cancellation terms applicable to that replacement booking will apply.

The original Flex benefit does not automatically carry over to the replacement booking.

If Flex is available for the replacement booking, the customer may purchase a new Flex add-on subject to the terms applicable at that time.

(j) Amounts not yet paid

Flex applies only to amounts actually received by BJJ Escapes toward the Ticket before BJJ Escapes receives the cancellation request.

Amounts that were scheduled to be paid in the future but had not yet been received do not form part of the Flex credit.

(k) Flex does not provide additional cash-refund rights

Flex provides additional contractual flexibility in the form of BJJ Escapes credit and, where applicable under clause 7.1A(f), the ability to request a Ticket transfer.

Flex does not provide a right to a cash refund for a change of mind, inability to attend, illness, injury, work commitments, travel disruption or other personal circumstances, except where a cash refund or other remedy is otherwise required by law.

(l) Australian Consumer Law

Nothing in this clause is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

Where you have a statutory right to a refund, compensation or other remedy, that right applies independently of Flex.

(m) Travel insurance

Flex is an optional booking feature provided by BJJ Escapes and should not be treated as a substitute for travel insurance.

BJJ Escapes strongly recommends that all attendees obtain appropriate travel insurance covering matters including cancellation, illness, injury, medical expenses, repatriation, travel disruption, personal belongings and other relevant travel risks.

7.2 CANCELLATIONS BY US

(a) If we are required to cancel or reschedule an Event due to any decision of government authority in relation to COVID-19, we will notify you as soon as possible and the Event will be rescheduled (Rescheduled Event). In such circumstances, to the extent permitted by law, you will not be entitled to a refund and you will be provided with a credit of your Fees (less any cancellation charges incurred by BJJ Escapes in rescheduling the Event) (Credit) which can be applied to the Rescheduled Event

(b) If you are unable to attend the Rescheduled Event, we may (at our discretion) allow you to use the Credit for future BJJ Escapes events that you are able to attend.

(i) We will not be in breach of these terms & conditions by virtue of the cancellation; and

(ii) We will notify you and provide you with a full refund of any fees paid for such Ticket or Event or offer you an exchange for an alternative Event or credit.

8 INTELLECTUAL PROPERTY

You acknowledge and agree that:

(a) we (or the relevant licensor or Coach) own all rights, titles and interest in and to all material associated with an Event (including any material developed during the course of an Event and the Intellectual Property contained therein), such as the content of any classes or programs (Materials); and

(b) you will not copy, reproduce, alter, modify, create derivative works, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Materials except with our prior written permission or the relevant third party authorised to grant such permission and when doing so you must adequately acknowledge us or the relevant third party.

For the purposes of this clause, “Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, and any application or right to apply for registration of any of these rights throughout the world whether registered or unregistered and whether developed before or after the date of these terms.

9 PHOTOS & FILMING CONSENT

You acknowledge and agree that we (or an authorised agent of ours) may take photos and/or videos of you including your participation in any Activities or attendance at an Event.

You authorise and consent to us using any photograph or video taken of you participating in the Activities or attending the Event, for any purpose including for promotional and marketing purposes of future events.

10 THIRD-PARTY SUPPLIERS

(a) We may do any of the following:

(i) outsource any part of performing any services related to your Order, Ticket or the Event; or

(ii) procure materials and products from third-party suppliers,

without further notice or permission from you.

(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order or are negligent in providing services or goods.

11 THIRD-PARTY PRESENTERS AND PROVIDERS

To the extent permitted by law, neither we nor any of our directors or employees are liable in contract, tort (including negligence) or otherwise for any loss, damage, delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party service providers over whom we have no direct control.

Part B For When You Browse This Website…

12 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

13 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of BJJ Escapes;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Tickets;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create an undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of BJJ Escapes, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

14 INFORMATION ON THE WEBSITE

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);

(ii) the Website will be accessible at all times;

(iii) messages sent through the Website will be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website will be secure or confidential; and

(v) any information provided through the Website is accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

15 INTELLECTUAL PROPERTY

(a) BJJ Escapes retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from BJJ Escapes or as permitted by law.

(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

16 THIRD-PARTY TERMS AND CONDITIONS

(a) You acknowledge and agree that third-party terms & conditions (Third Party Terms) may apply.

(b) You agree to any Third Party Terms applicable to any third-party goods and services, and BJJ Escapes will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

17 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

18 THIRD-PARTY PLATFORM

(a) This Website is powered by a third-party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.

(b) To the maximum extent permitted under applicable law and our agreement with our third-party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

19 SECURITY

BJJ Escapes does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with the use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.

20 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Part C Liability And Other Legal Terms…

21 WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

22 LIABILITY

(a) (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of us to you in respect of loss or damage sustained by you under or in connection with this agreement is limited to the total Fees paid to us by you in respect of the Event giving rise to the relevant liability.

(b) (Indemnity) You agree at all times to indemnify and hold us harmless and our officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by you or your officers’, employees’, agents’ or contractors’:

(i) breach of any term of this agreement;

(ii) use of the Website; or

(iii) negligent, fraudulent or criminal act or omission.

(c) (Consequential loss) We will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by us, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

23 FORCE MAJEURE

(a) We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.

(b) If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligations under this agreement.

(c) Subject to compliance with clause 23(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(d) For the purposes of this agreement, a ‘Force Majeure Event means any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

(ii) strikes or other industrial action outside of our control;

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

(iv) any decision of government authority in relation to COVID-19, or any threat of COVID-19 beyond our reasonable control, to the extent it affects our ability to perform its obligations.

24 GENERAL

24.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applied in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

24.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

24.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

24.4 JOINT AND SEVERAL LIABILITY

An obligation or liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

24.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party, except where a Ticket transfer is permitted and completed in accordance with clause 7.1A(f).

24.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

24.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

24.8 INTERPRETATION

(a) (singular and plural) words in the singular include the plural (and vice versa);

(b) (currency) a reference to $, or “dollar”, is to Australian currency;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

25 NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified on our Website, or if no email address is specified on our Website, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Except for cancellation requests made under clause 7.1A, and unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

PAYMENT POLICY

• To reserve a spot on a specified camp, a non-refundable deposit is required upon booking.

• Full payment (the outstanding balance) must be made 10 weeks prior to the event start date.

• Prices are based Per person, Training only, Twin share (share room with another retreat guest) or Private room, prices DO NOT include flights. Clients must have adequate travel insurance to cover all activities listed.

CREDITS AND VOUCHERS

All credits and vouchers are not redeemable for cash or refund, except where otherwise required by law. Flex Credits are additionally subject to the conditions and expiry requirements set out in clause 7.1A.

CONTACT US

Got a question or you would like more information about one of our upcoming camps? Fill out the contact form below and one of our team will be in touch!