- Terms and Conditions
1.1 The following terms and conditions (the T&C’s) apply to the services provided by Hidden Door (Hidden Door, We, Us, Our) to you (You, Your).
1.2 In these T&C’s the term services is to be given its widest meaning and includes any and all services whatsoever provided by Hidden Door which is provided to You by Us or Our employees or contractors (the Event).
1.3 You acknowledge that Hidden Door is arranging and organising such services as an organiser of the Event.
1.4 By signing this document and as an authorised representative of the company, you agree that the company is bound by these T&C’s.
1.5 By signing this document, you agree to pay for the services in accordance with clause 7 below (as amended from time to time). - Injury
2.1 You are responsible for making your own inquiries and agree to seek independent advice from a healthcare professional before partaking in the Event as organized by Us.
2.2 We are not responsible for any injuries that You may suffer as a result of the Event as organised by Us.
2.3 To the extent that We supply any ‘recreational services’ or ‘recreational activities’ within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), You acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, You must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, and risks that are not known to You or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, You are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that We may provide as part of the Event. To the maximum extent permitted by law, We exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to You or the community; or (b) that may result in harm or disadvantage to You or the community, resulting from the supply of recreational services or recreational activities, but We do not exclude Our liability to significant personal injury which is caused by Our reckless conduct in the supply of recreational services or activities as part of the services. - Third party products or services
3.1 Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, during the Event as held by Us, without prior written consent from Us. If in Our opinion You are engaged in advertising, promotion or providing advice to other members of the Program, then We reserve the right to suspend or terminate any person from participating in the Event. - Liability
4.1 You agree that We do not accept responsibility for any loss or damage, however caused (including through negligence), which You may directly or indirectly suffer in connection with or arising from participating in the Event including acts, omissions and conduct of any person (including but not limited to third parties engaged by Us to provide goods and/or services at the Event).
4.2 To the extent permitted by law, in no event will We (or Our employees, agents and subcontractors) be liable to You for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by You and arising out of or in connection with your access to or participation in the Event; regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
4.3 To the extent permitted by law, any condition or warranty, which would otherwise be implied into these terms, is excluded. Where legislation implies any condition or warranty, and that legislation prohibits Us from excluding or modifying the application of, or Our liability under, any such condition or warranty, that condition or warranty will be deemed included but Our liability will be limited for a breach of that condition or warranty to, at Our option:
4.3.1 If the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
4.3.2 If the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
4.4 To the extent permitted by law, Our total liability in respect of all claims in connection with these T&C’s and the Event (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by You under this agreement up until and including the date the cause of action accrued.
4.5 The limitation of liability set out in these T&C’s does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
4.6 Hidden Door is covered by $20 million Public Liability insurance. For further details or to obtain a copy of Our insurance policy please contact Us. - Indemnity
5.1 You agree to indemnify and keep Us, Our employees, agents and subcontractors, indemnified from and against any claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by Us, Our employees, agents and subcontractors, or any third party, which arises as a result of your breach of these T&C’s or as a result.
5.2 You agree to indemnity and hold Us, Our employees, agents and subcontractors, harmless against all demands, claims, causes of action, interest and costs which We, Our employees, agents and subcontractors, may suffer as a result of your negligent actions and omissions.
5.3 You agree to indemnity Us and Our employees, agents and subcontractors, against all liability for loss, costs, damages, interest and expenses (including all legal costs incurred by Us on a full indemnity basis) which may be paid, suffered or incurred by Us, Our employees, agents and subcontractors, in connection with any proceedings commenced by any person against Us in any way relating to your conduct. Any such amounts will be payable by You on demand by Us. - Intellectual Property
6.1 You agree that any photographs and/or videos taken for the purposes of the services remain the sole property of Hidden Door. We grant You a personal, limited, revocable, non-exclusive and non-transferable licence to access, view; listen to the photographs and/or videos solely for your personal, non-commercial purposes and only for those purposes. No part of the photographs and/or videos may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without Our prior written permission.
6.2 You must not:
6.2.1 share the photographs and/or videos with any other persons; and
6.2.2 publish or post any of the photographs and/or videos content (such as recipes or exercise programs) on any other website, including on social media pages or websites. - Payment and Availability
7.1 A fifty per cent (50%) deposit pursuant to the total amount on Our invoice as issued to You is required to secure a booking of the Event.
7.2 This deposit is due immediately and the balance will be due for full payment fourteen (14) days before the proposed Event date.
7.3 You acknowledge that availability (including the availability of third parties engaged by Us) cannot be confirmed by Hidden Door until We have received the deposit in full.
7.4 You further acknowledge and agree that prices in relation to the Event are also not confirmed until Hidden Door has received the deposit in full. - Event Changes and Cancellations
8.1 You acknowledge and agree that Hidden Door is arranging and organizing a program and acting as an organizer for the same. As such, as Hidden Door are required to engage the services and/or goods of third parties, any changes to numbers/locations and times must be made with at least seven (7) days written notice to Us. Any changes made by You may incur fees and You agree to pay such fees as incurred by Us by any third party, as a direct result from the change in booking.
8.2 If You require a change of date, You must request this in writing that You wish to change the Event date. You agree that this is at the sole discretion of Hidden Door and whilst Hidden Door agrees to do its best to accommodate such request, You acknowledge and agree that as Hidden Door engages the services and/or goods of third parties, such request may not be able to occur. Hidden Door will notify You in writing if such request can be accommodated and until such time, the Event will proceed as scheduled and pursuant to your initial booking.
8.3 You agree that any change of date in accordance with clause 8.2 above incurs a $500.00 administration fee and is required to be paid by You within seven (7) days of Us receiving notice by You as at 8.2 above.
8.4 You further agree that any changes to date as requested by You in accordance with clause 8.2 above may incur fees and You agree to pay such fees as incurred by Us by any third party, as a direct result from the change in booking.
8.5 If You need to postpone the Event, You must give Us at least thirty (30) days written notice that You wish to postpone the Event. If You do not give Us at least thirty (30) days written notice then you agree that Hidden Door has the sole discretion to refuse such postponement.
8.6 You agree that any postponed Event under clause 8.5 above must be rescheduled within twelve (12) months from the date of Us receiving notice of the postponement, unless otherwise agreed in writing by Hidden Door. If the postponed Event is not rescheduled within this timeframe, then You agree that such Event will be deemed to be cancelled and You will pay to Us a fifty per cent (50%) cancellation fee plus any other fees incurred or paid by Us under clause 8.8.
8.7 If You need to cancel the Event, You must notify Us immediately in writing that You wish to cancel the Event. Upon Us receiving such notice, You agree that You will pay to Us a fifty per cent (50%) cancellation fee plus any other fees incurred or paid by Us under clause 8.8.
8.8 You further agree and acknowledge that as Hidden Door engage the services and/or goods of third parties, any fees that have been incurred or paid to such third parties by Hidden Door will also be charged to You and You are solely responsible for the payment of the same.
8.9 You agree that no credits will be provided by Hidden Door in relation to any postponed or cancelled events unless expressly agreed in writing by Hidden Door. - Variation
9.1 You agree to be bound by the latest version of the T&C’s. We may vary, amend or add to these T&C’s at any time. - Personal Information Collection Notice
10.1 In providing the services, You may be required to give Us certain personal information in which You have certain rights. We usually disclose personal information that We collect on a confidential basis to Our contractors and service providers (including financial service providers) so that they can provide services to Us (so that We may provide services to You). Unless You ask Us not to, We may also use your personal information to send updated information and other promotional material to You. - Severance
11.1 If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms. - Survival
12.1 The terms underneath the following headings survive the termination and expiry of this agreement: “liability”, “indemnity”, and “intellectual property”. - Force Majeure
13.1 Hidden Door shall not be under any liability whatsoever for the consequences of any failure on its part to perform or delay in performing any obligation under the T&C’s when due, whilst and to the extent that such failure or delay is due directly or indirectly to any event of force majeure.
13.2 “event of force majeure” includes any acts of God, war, riots, strikes, lock outs, trade disputes, fires, break downs, mechanical failures, interruptions of transport, Government action or any other cause whatsoever, whether or not of a like nature to those specified above, outside the reasonable control of Hidden Door.
13.3 If there is an event of force majeure, Hidden Door will notify You of the event and the likely impact on its performance under the T&C’s. - Governing Law & Jurisdiction
14.1 The law of the New South Wales governs this Agreement and the parties submit to the non-exclusive jurisdiction of the courts of that State. - Dispute Resolution
15.1 If a dispute arises out of or relates to the T&C’s or the services provided by Hidden Door neither party may commence any court or arbitration proceedings relating to the dispute unless they have complied with this clause except where they seek urgent interlocutory relief.
15.2 The party claiming that a dispute has arisen under or in relation to the T&C’s or the Event must give written notice to the other party specifying the nature of the dispute.
15.3 On receipt of the notice referred to in this clause by that party, both parties must endeavour to other resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation, or determination or similar techniques agreed by them.
15.4 If the parties do not agree within seven days of receipt of the notice (or such further period as agreed in writing by them) as to:
15.4.1 The dispute resolution technique and procedures to be adopted;
15.4.2 The timetable for all steps in those procedures; and
15.4.3 The selection and compensation of the independent person required for such technique, then they must mediate the dispute in accordance with the mediation rules of the recognised professional association for solicitors in the State of New South Wales.
15.5 The president of this professional association or the president’s nominee will select the mediator and determine the mediator’s remuneration.
15.6 If the mediation referred to above is not completed within four weeks of reference to a mediator either party may commence any court or arbitration proceedings relating to the dispute as they see fit.
15.7 The costs of the mediation will be borne equally by the parties. - General
16.1 These T&C’s constitute the entire agreement between You and Us and supersedes any prior version of these T&C’s between You and Us with respect to the Event.
16.2 Our failure to exercise or enforce any right or provision of these T&C’s shall not constitute a waiver or relinquishment to any extent of Our right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.
16.3 In these T&C’s references to the parties is to be read as references to or including, as appropriate, their respective successors, transferees and assigns as well as employees, partners, agents and related bodies corporate.
16.4 If a provision, or part of a provision, of these T&C’s are void or voidable that provision is servable and the remainder of these T&C’s has full fare and effect.
16.5 You must not assign any of your obligations under the T&C’s without Our prior written approval. We may assign Our obligations under the T&C’s without prior notice to You.
Terms And Conditions
Terms and Conditions
