Terms and Conditions

Definitions

Admin Fee means an admin fee equal to 10% of the total Fee payable by you.
Fees means the Fees in respect of the Services as notified to you in our Quote or upon booking of Services (as applicable).
Force Majeure Event means any act, event, non-happening, omission, or accident beyond our reasonable control.
Services means the Service(s) set out on our website that you have engaged us to provide, including, but not limited to: the facilitation of Creating Balance Nature Retreat stays; Wellness Immersions; Individual and Group Therapeutic Yoga sessions or programmes; and integral yoga, meditation, and conscious living sessions, education programmes, workshops, or events.
Quote means the quote provided to you by us for the Services.
Terms means these terms and conditions and where applicable, any written contract between you and us.
We, us or our means Priyadhara Henderson and Atmabhava Henderson operating as Creating Balance NZ (“Creating Balance”), its successors and assigns or any person acting on behalf of and with the authority of Creating Balance.
Website means the website or any social media and/or other website through which we operate and display our Services.
You or your means you, the person(s) we are providing services to (or the parent, guardian or caregiver where relevant).
Words in the singular include the plural and vice versa.

Acceptance

These Terms apply to all of our Services provided to you. Because these Terms form part of our contract with you, if you disagree with any of them, you need to let us know immediately. Otherwise, we will take your continued acceptance of our Services as acceptance of these Terms.
Acceptance may be provided electronically (including by clicking “Accept” or replying affirmatively to an email). Electronic acceptance is legally binding.

Quotes

We may issue a Quote to you as applicable in respect of certain Services.
A Quote is valid for seven (7) days from the date of issue unless otherwise agreed.
We reserve the right to change the pricing in the Quote provided upon reasonable notice to you.
If you request any change to the duration, nature or scope of the Services:

(a) any existing Quote will be void and a new Quote will be issued;

(b) additional fees and an Admin Fee may apply.

Fees and Payment

If a Quote has been issued, Fees will be charged in accordance with the Quote and an invoice will be issued upon your acceptance of the Quote.
If no Quote has been issued, an invoice will be issued and Fees will be charged in accordance with the invoice.
Where specific payment terms are outlined for a particular Service (including deposits or staged payments), those terms will apply in place of this clause.
Unless otherwise specified in the applicable booking terms, any invoice issued is payable in full by the earlier of:

(a) the date falling seven (7) days from the date on which the invoice is issued; and

(b) the date immediately prior to the date on which we are due to commence providing the Services subject to the invoice.

Bookings

Bookings made directly through our website (for Creating Balance Nature Retreat stays, Wellness Immersions, and Therapeutic Yoga Sessions, or any other Service) are managed directly by Creating Balance. Payment, confirmation, and all related communication will be handled personally by us upon enquiry and acceptance.
Bookings made via third-party platforms (Airbnb, Booking.com, etc.) for Creating Balance Nature Retreat stays are governed by those platforms' terms and conditions. Please refer to the relevant platform's policies for those bookings.

Cancellation and Refunds

If you wish to cancel your request for Services, you must let us know as soon as possible in writing.
If we are required to cancel our Services for any reason including a Force Majeure Event, you are entitled to a full refund less an Admin Fee.
All costs incurred by us in recovering any amount owed by you (including court, solicitor, and debt collection costs) are payable by you as a debt due, without further demand.
If we request information from you and do not hear from you within 30 days, your booking or enquiry for any service will be deemed to have been cancelled.
If you cancel your request for Services, at our discretion, we will refund you for any Fees paid as follows:

Wellness Immersions

Cancellations made more than 7 days prior to the start of the Services will entitle you to a full refund of the total Wellness Immersion value, less any applicable Venue Hire Fee, or free rescheduling (subject to availability);
Cancellations made within 1–7 days prior to the start of the Services will entitle you to a 50% refund of the total Wellness Immersion value, less any applicable Venue Hire Fee, or free rescheduling (subject to availability);
Cancellations made on the day of the Services, a no-show, or a deemed cancellation under clause (4) will result in no refund.

Therapeutic Yoga—Individual Sessions

Cancellations made more than 7 days prior to the start of the Services will entitle you to a full refund of the total Individual Session value, less any applicable Venue Hire Fee, or free rescheduling (subject to availability);
Cancellations made within 1–7 days prior to the start of the Services will entitle you to a 50% refund of the total Individual Session value, less any applicable Venue Hire Fee, or the option to reschedule at no cost (subject to availability);
Cancellations made on the day of the Services, a no-show, or a deemed cancellation under clause (4) will result in no refund.

Creating Balance Nature Retreat Stays—Payment and Cancellation

Bookings made more than 2 months prior to the start of the Services require a 25% deposit to secure the reservation. The remaining balance is due 30 days prior to the start of the Services. Bookings made within 2 months of the start of the Services must be paid in full at the time of booking.
Cancellations made more than 31 days prior to the start of the Services will entitle you to a full refund of the total booking value, less a 5% Administration Fee, or free rescheduling (subject to availability);
Cancellations made within 15-30 days prior to the start of the Services will entitle you to a 50% refund of the total booking value, or free rescheduling (subject to availability);
Cancellations made within 1–14 days prior to the start of the Services will entitle you to a 25% refund of the total booking value, or free rescheduling (subject to availability); and
Cancellations made on the day of the Services, a no-show, or a deemed cancellation under clause (4) will result in no refund.

Creating Balance Nature Retreat—Conditions of Stay

The following conditions apply to all stays at Creating Balance Nature Retreat:

Eligibility and Suitability

Creating Balance is an adults-only space (25+). The retreat is not suitable for children or infants, or for guests with limited mobility, balance considerations, or accessibility needs.

If you have any health considerations that may affect your comfort or safety during your stay, we appreciate you letting us know ahead of time. This helps us assess suitability and make reasonable adjustments where possible.

Property and Utilities

The retreat operates on solar power and rainwater systems. The water is filtered and safe to drink. Guests are required to be mindful of energy use (particularly on cloudy days) and water use during the summer months.

When using the gas stove or oven, the kitchen window must be opened to ensure adequate ventilation.

Environmental Care

We share this land with birds and other wildlife. Guests are welcome to enjoy observing them quietly but must not feed or disturb them.

Recycling and composting facilities are provided, and guests are expected to use these appropriately to support our sustainability practices.

Use of the Space

Eco-conscious cleaning products are provided. Tea towels and bathroom towels must not be used for makeup removal, cleaning, or wiping surfaces.

Guests must take reasonable care of furnishings, natural timber surfaces, and retreat amenities. In the event of spills or accidents, guests must notify us promptly so that appropriate care can be taken.

Prohibited Items and Activities

The following are not permitted on the property:

Tobacco, vaping products, or illegal substances.
High-power electrical items (including hairdryers, toasters, and electric kettles)
Raw meat products (cooking inside the retreat is to remain primarily vegan or vegetarian)
Pets, parties, candles, incense, or outdoor fires are strictly prohibited.
We prefer alcohol-free stays. If guests choose to bring alcohol, we ask that consumption remains minimal and mindful, in keeping with the retreat ethos of balance and wellbeing.

Guest Conduct

Guests must treat the retreat with care and respect, maintain cleanliness, and leave the space in a reasonable condition.

Failure to comply with these conditions may result in termination of the stay without refund.

Damage and Additional Cleaning

For minor damage or additional cleaning, a charge of up to $300 may apply.

For more significant damage, guests may be responsible for the reasonable cost of repair or replacement. Where appropriate, this may be managed through our insurance and may include a contribution toward any applicable excess.

Timing of Services

We will endeavour to provide the Services within the agreed timeframe.
If we are unable to provide the Services within the agreed timeframe, we will inform you within five (5) business days from the start of the Services.
If we are unable to provide the Services within the agreed timeframe due to not having received sufficient or correct information from you, we will reschedule the Services and you will not be entitled to a refund.
We will not be liable to you for any cost, loss or damage suffered as a result of a change in timeframe.

Conduct

You are responsible for yourself and any other persons for whom you are responsible at all times during the provision of our Services to you and any other person (if applicable).
You acknowledge and agree that at all times you will be respectful to us and all other customers or person(s) present or involved with the provision of our Services. This includes not threatening or undertaking any act that may pose a risk to our safety or the safety of any other person(s).
You acknowledge and agree that at all times you will be respectful to our property. This includes not intentionally damaging or disrespecting any of our property.
Any conduct that we deem to be inappropriate or unacceptable will not be tolerated and may result in us terminating our Services to you.

Termination

Without prejudice to any other remedies available to us, we may immediately terminate or suspend the supply of our Services to you in the event that:

(a) you fail to comply with any of these Terms or any other agreement you have with us; or

(b) any information you have given us, or which is given to us on your behalf, is untrue, misleading, or deceptive in a material respect; or

(d) if, at our sole discretion, you bring us into disrepute or have not complied with the law; or

(e) if, at our sole discretion, we, acting reasonably, deem it necessary to take such action.

2. If we terminate or suspend the supply of our Services pursuant to clause (1), you will not be entitled to a refund and we will not be liable to you for any loss or damage you suffer as a result of termination.

Liability

Without limiting any other term in these Terms, you agree that our liability is limited as follows:

(a) we are not responsible for your health and safety;

(b) although we will act with reasonable skill and care, we will not be liable to you for any direct, indirect or consequential injury, loss or damage suffered by you or to your personal possessions or personal property in connection with our Services;

(d) we do not accept liability for loss arising from cybercrime, including but not limited to the hacking of emails and/or tampering with bank account details.

(e) for Creating Balance Nature Retreat stays, additional limitations may apply as communicated at the time of booking.

We are not registered under the Food Act 2014 and do not hold any specific food handling certifications. If you require services that are governed by the Food Act 2014 or require certain certifications, please advise us of this prior to purchasing our Services.
You may have rights under the Consumer Guarantees Act 1993 or other consumer law. It is your responsibility to use our Services safely, to take care of your own health and to take care of your own property.
To the extent permitted by the Consumer Guarantees Act 1993, any guarantee that would otherwise apply is limited to the value of the Services provided. This limitation applies to all Services, including but not limited to Creating Balance Nature Retreat stays, Wellness Immersions, and Private or Group Trauma-Informed sessions and programmes.
We do not guarantee any particular outcome or result from the Services (including but not limited to emotional, physical, or mental benefits). Results vary depending on individual circumstances. These Services are supportive practices only. We are not licensed therapists and do not provide clinical therapy, diagnosis, or medical treatment. Always continue working with your therapist or health professional for trauma-related and personal wellness needs.
In the event we are found to be liable to you for any reason, our liability to you is limited to a maximum amount equal to the value of the Services we have provided you.

Health and Safety

Your safety is your responsibility.
You are required to inform us and provide us information in relation to any allergies, injuries or other medical conditions that you have which may affect the way we provide our Services to you.
To ensure that everyone enjoys our Services please ensure you understand and comply with any specific instructions, recommendations, health and safety matters that we raise with you in connection to our Services.

Privacy

In your dealings with us we will collect and hold personal information about you. You must provide us with correct contact information and keep that information up to date at all times (name, phone number(s), postal address, email address, emergency contact).
We may take general photographs or videos of our Services for our website, marketing and social media. If you do not wish to be in photographs or videos, please advise us prior to us providing our Services. Otherwise, if you appear in those photographs or videos, you agree that we may use them on our website and for marketing and promotional purposes and that you have no rights or copyright in the material.
You have the right to access and correct any of your personal information that we hold as set out in the Privacy Act 2020.
All personal information that we collect about you will be held by us in accordance with the Privacy Act 2020.

Confidentiality

We will hold in confidence all information concerning you or your affairs that we acquire while providing our Services to you. We will only disclose confidential information if it is necessary to provide our Services or if it is required by law.
You agree not to disclose any information regarding the Fees for our Services, programme documents or home practice resources that we share with you in providing the Services.
You also acknowledge that the use of technology is not always secure and you accept the risks to confidentiality in the use of email, text, phone, social media, audio visual communication means and any other technology.

Non-disclosure

Our Services are provided to you for your benefit only. They are not to be relied upon by any third party.
We may require you to enter into a confidentiality agreement or non-disclosure agreement separately to these Terms in respect of the information, methods, advice, and any other learning or documentation you may acquire from us through the Services.
If there is any inconsistency between these Terms and an agreement referred to in the above clause, then that agreement will prevail.

Intellectual Property

All materials, resources, programme content and documentation provided to you remain the intellectual property of Creating Balance. You may use them for personal purposes only and may not copy, share, reproduce, distribute or use them commercially without our written permission.

No Warranty

All warranties and representations not expressly stated in these Terms (whether express, statutory, implied or otherwise) are excluded to the maximum extent permitted by law.

Indemnity

You indemnify us in respect of all costs (including legal costs), losses, damage and expenses suffered or incurred by us and any other person claiming through us as a direct or indirect consequence of any unlawful, negligent, tortuous, criminal, reckless or dishonest errors, acts or omission of you in relation to our Services and exercise of your rights under these Terms. This indemnity survives the termination or cancellation of our Terms or Services.

Contact

If you have any queries, questions or complaints about our Services and related costs please contact us:

Phone: +64 20 414 515 16

Email: hello@creatingbalance.co.nz

General

Disputes: If a dispute arises out of or relates to these Terms or the supply of any Services, we will endeavour to resolve the dispute by good faith negotiations with you. If we are unable to resolve the dispute during negotiations, either you or we may refer the dispute to mediation by notice in writing by a mediator to be agreed between you and us within five Working Days of that notice or failing agreement by the President of the New Zealand Law Society or his or her nominee. We will share the costs of the mediator equally with you.
Enforcement: The failure by either party to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.
Assignment: You are not entitled to assign or transfer any rights or obligations you have under these Terms without our prior written consent.
Governing Law: Our relationship with you is governed by New Zealand law and New Zealand Courts have exclusive jurisdiction.
Variation: We may vary these Terms by publishing updated Terms on our Website. The updated Terms will take effect from the date they are published on the Website and will apply to any further dealings you have with us.
Legislation: Any reference to legislation in these Terms includes a reference to any amended or substitute legislation and any regulations enacted under that legislation.
Severability: Each clause of these Terms is separately binding. If any clause is void, unenforceable or otherwise ineffective by operation of New Zealand law the remaining clauses will continue to be valid and enforceable.
Joint and Several Liability: Where you comprise more than one person or entity then the obligations between those persons under these Terms is joint and several.
Waiver: A waiver of these Terms will only be effective if given by us in writing and only to the extent expressly stated to be given. Any waiver will not affect our rights under these Terms at any future time.
Force Majeure: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused a Force Majeure Event. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
Other Agreements: Where these Terms conflict with any other written agreement you have entered with us, the provisions of that other agreement will prevail.