Terms & Conditions
Effective Date: November 2020
TERMS & CONDITIONS - Embodied Breath Academy
These Terms & Conditions (“Terms”) govern your access to and participation in services, trainings, courses, programs, workshops, retreats, sessions and other offerings provided by Embodied Breath Academy (“Embodied Breath Academy”, “we”, “us” or “our”).
By making a booking, submitting an enrolment, paying any amount, accepting an offer of enrolment, clicking “I agree”, or otherwise participating in any service or training provided by Embodied Breath Academy, you (“you”, “participant” or “client”) acknowledge that you have read, understood and agreed to be legally bound by these Terms.
These Terms should be read together with any specific enrolment agreement, payment plan, booking confirmation or other written terms provided to you in relation to a particular program.
1. ELIGIBILITY
You must be at least 18 years of age to enrol in or participate in Embodied Breath Academy programs, trainings, courses, sessions, workshops or other services.
By enrolling, you confirm that you meet this requirement.
2. SERVICES
Embodied Breath Academy provides breathwork, embodiment, somatic education, practitioner training, leadership training, courses, workshops, retreats, mentoring, sessions and related educational experiences.
We reserve the right, where reasonably necessary, to modify program content, schedules, facilitators, locations, delivery methods or other aspects of a service.
Where a material change substantially affects a service already purchased, we will act in accordance with our obligations under applicable Australian Consumer Law.
3. ENROLMENT, BOOKINGS & PAYMENT
3.1 Binding enrolment
An enrolment becomes binding once you have:
submitted an enrolment or booking;
accepted an offer of enrolment;
paid any amount toward the program; or
otherwise confirmed your intention to participate.
Payment of a deposit constitutes acceptance of these Terms and creates a binding contractual commitment between you and Embodied Breath Academy.
3.2 Payment obligations
You agree to pay the full amount applicable to your selected program, training or service in accordance with the payment schedule agreed at the time of enrolment.
Where a payment plan has been agreed, the payment plan is a payment arrangement only and does not alter your obligation to pay the total agreed program fee.
Failure to make a scheduled payment does not automatically cancel or terminate your enrolment or release you from amounts otherwise owing.
4. TRAINING DEPOSIT & CANCELLATION POLICY
4.1 Mandatory enrolment deposit
Unless expressly stated otherwise in writing by Embodied Breath Academy, a minimum enrolment deposit of AUD $1,500 is payable for all training programs.
The AUD $1,500 deposit applies regardless of the payment plan, promotional arrangement, instalment schedule or other payment arrangement agreed with the participant.
The deposit is a condition of securing and confirming your place in the training.
4.2 Nature of the deposit
The AUD $1,500 is an enrolment deposit and commitment fee paid in consideration of Embodied Breath Academy reserving a place for you in the relevant training, allocating administrative and educational resources to your enrolment, and restricting that place from being offered to another participant.
Once paid, the deposit is non-refundable and non-transferable, except where a refund or other remedy is required by applicable law.
4.3 Participant cancellation or withdrawal
If you subsequently:
cancel your enrolment;
withdraw from the training;
change your mind;
decide not to attend;
fail to attend;
fail to complete the training;
defer without written approval; or
otherwise cease participating in the training,
the AUD $1,500 enrolment deposit will not be refunded or converted into a credit, except where a refund, credit or other remedy is required by applicable law.
Where a participant has entered into a payment plan, withdrawal or non-attendance does not automatically cancel the payment arrangement. Any outstanding payment obligations will be dealt with in accordance with Section 4.5 and applicable Australian law.
4.4. Services or Content Already Accessed
Where a participant cancels or withdraws after accessing, commencing or receiving any part of a training, course, membership, digital content, session or other service included within their enrolment, Embodied Breath Academy may take into account the services, content, resources, materials and access already provided when determining any refund, credit or other remedy.
For clarity, where the following are provided as complimentary inclusions with a training enrolment, their ordinary standalone value is:
Self Love Club — AUD $599
Training (EBPT & WLB<) Online Content — AUD $999
The combined stated value of these complimentary inclusions is AUD $1,598.
Where complimentary course materials, content, memberships, services or other resources have been provided or made accessible to a participant as part of their training enrolment, the participant acknowledges that they have received access to part of the overall training package and associated enrolment benefits.
Where a participant subsequently cancels, withdraws, changes their mind or otherwise chooses not to complete the training, Embodied Breath Academy may take into account the training resources, materials, content, services, access and other benefits already provided or made available when determining any refund, credit or other remedy.
The AUD $1,500 enrolment deposit represents part of the participant's financial commitment to the training enrolment and is not intended to operate solely as a cancellation fee or penalty. The deposit is intended to secure the participant's place in the training and reflects, among other things, the allocation of resources, preparation, administration, teaching, support, access and other benefits associated with the enrolment.
The provision or use of complimentary materials does not create a separate charge for those materials. Their stated standalone value is provided to explain the overall value of the enrolment package and may be considered when assessing the extent of services and benefits already provided following cancellation or withdrawal.
Nothing in this clause limits any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law. For clarity, a participant's decision to discontinue, withdraw from or not complete a program after accessing or commencing the program does not, by itself, create an entitlement to a full refund.
4.5 No transfer of deposit
The deposit cannot be transferred to another person, program, training, product, service or future intake unless Embodied Breath Academy expressly agrees to such transfer in writing.
Any such agreement is at Embodied Breath Academy’s discretion and does not create an ongoing right to transfer or credit a deposit.
4.6 Payment plans
Where a participant has entered into a payment plan, the payment plan constitutes an agreement to pay the total program fee in accordance with the agreed schedule.
If a participant voluntarily withdraws from, cancels or ceases participation in a training after enrolment, the participant remains responsible for payment of amounts that have become due up to the date of withdrawal, including the applicable AUD $1,500 enrolment deposit, subject to any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.
Any amount that has not yet become due will be considered in light of the services already provided, costs and commitments incurred by Embodied Breath Academy, the participant's enrolment and reserved place, and any applicable rights under Australian law.
Where appropriate, Embodied Breath Academy may agree in writing to an alternative arrangement, including rescheduling or an amended payment arrangement. Any such arrangement is discretionary and must be confirmed in writing.
Nothing in this clause prevents a participant from exercising any right to cancel a contract, obtain a refund, or seek another remedy where that right arises under the Australian Consumer Law or other applicable legislation.
4.7 Consumer law
Nothing in these Terms is intended to exclude, restrict or modify any right, guarantee, remedy or obligation that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable legislation.
5. PRIVATE SESSIONS — CANCELLATIONS & RESCHEDULING
For individual sessions:
A minimum of 24 hours’ notice is required to cancel or reschedule.
Cancellations made with less than 24 hours’ notice will generally result in the session being forfeited.
Failure to attend a scheduled session will be treated as a no-show and the session may be forfeited.
Late arrival does not automatically extend the scheduled session time.
Any exception to this policy is entirely at Embodied Breath Academy’s discretion.
All private sessions have 6 months expiry date, meaning if sessions are not used within 6months of payment, they expire.
6. HEALTH & SAFETY
Breathwork, embodiment, somatic practices and related experiences can involve intense physical, emotional and psychological experiences.
Participation may involve, without limitation:
changes in breathing;
altered physical sensations;
tingling or numbness;
dizziness or light-headedness;
muscular or bodily sensations;
emotional activation or release;
memories or psychological material arising;
temporary changes in perception or emotional state.
You are responsible for determining whether participation is appropriate for you and for providing accurate and complete information relevant to your participation.
You agree to disclose any relevant medical, psychological or other condition that may reasonably affect your ability to participate safely.
You acknowledge that Embodied Breath Academy services are educational and experiential in nature and are not medical treatment, psychological treatment, psychotherapy, psychiatric care or a substitute for professional medical or mental-health care.
Where appropriate, you should obtain independent medical or psychological advice before participating.
7. ASSUMPTION OF RISK
To the maximum extent permitted by law, you acknowledge that participation in breathwork, embodiment, somatic practices, physical practices and experiential training involves inherent risks.
You voluntarily choose to participate and accept responsibility for your own participation, decisions, behaviour and responses.
You agree to follow reasonable safety instructions provided by Embodied Breath Academy and its facilitators.
You must immediately inform a facilitator if you feel unable to safely continue a practice or experience.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Embodied Breath Academy, its directors, employees, contractors, facilitators and representatives will not be liable for loss, damage, injury, expense or other consequence arising from or connected with participation in our services, except to the extent that such liability cannot lawfully be excluded or limited.
Nothing in these Terms excludes or limits liability arising from fraud, wilful misconduct, or any statutory consumer guarantee, right or remedy that cannot legally be excluded.
To the maximum extent permitted by law, Embodied Breath Academy will not be liable for indirect, incidental, special or consequential loss, loss of opportunity, loss of income, loss of profits or personal outcomes arising from participation.
9. PARTICIPANT RESPONSIBILITY
You acknowledge that you remain responsible for:
your own physical and psychological wellbeing;
deciding whether to participate in any exercise or practice;
communicating relevant concerns to facilitators;
following reasonable safety instructions;
seeking appropriate professional assistance where required; and
your own conduct throughout the program.
No outcome, transformation, certification, business result, personal result or other specific outcome is guaranteed unless expressly stated in writing.
10. INTELLECTUAL PROPERTY & CONFIDENTIAL MATERIAL
All course materials, training materials, manuals, recordings, presentations, frameworks, exercises, written materials, audio materials, video materials, teaching methodologies, branding, logos, content and other intellectual property supplied or made available by Embodied Breath Academy remain the property of Embodied Breath Academy or its relevant licensors.
Unless expressly authorised in writing, you must not:
copy;
reproduce;
publish;
distribute;
sell;
sublicense;
teach;
upload;
share;
record;
commercially exploit;
modify; or
create derivative works from
any Embodied Breath Academy training content or intellectual property.
This includes reproducing or substantially recreating training materials using artificial intelligence or other automated systems.
Your enrolment grants you a personal, limited, non-exclusive and non-transferable right to use course materials solely for your own educational purposes.
It does not grant you ownership of the underlying intellectual property.
11. CONFIDENTIALITY & PARTICIPANT PRIVACY
Participants may be exposed to personal information, experiences, disclosures or other confidential material shared by other participants.
You agree to respect the privacy and confidentiality of other participants and not to record, reproduce, publish or disclose personal information or sensitive material shared within a training environment without appropriate consent.
This obligation survives completion or termination of your participation.
12. CODE OF CONDUCT
Participants must behave respectfully and safely toward facilitators, staff and other participants.
Embodied Breath Academy reserves the right to suspend or terminate a participant’s participation where we reasonably consider their conduct to be:
unsafe;
threatening;
abusive;
harassing;
discriminatory;
disruptive;
inappropriate;
passive aggressive;
unlawful; or
materially detrimental to the safety, wellbeing or experience of other participants or staff.
Where participation is terminated due to a participant’s conduct or breach of these Terms, no refund or credit will be provided, except where required by law.
13. CERTIFICATION
Where a program includes certification, certification is subject to completion of all applicable requirements, including attendance, participation, assessment, payment and any other requirements communicated to participants.
Payment alone does not guarantee certification.
Embodied Breath Academy reserves the right to withhold certification where the applicable requirements have not been satisfied.
14. THIRD-PARTY SERVICES & PLATFORMS
We may use third-party providers and platforms to facilitate payments, bookings, communications, online learning, video conferencing, accommodation, venues or other aspects of service delivery.
We are not responsible for failures, interruptions or actions of third-party providers to the extent those matters are outside our reasonable control.
15. FORCE MAJEURE
Embodied Breath Academy will not be liable for delay, interruption or failure to perform its obligations where such failure results from circumstances beyond our reasonable control.
This may include, without limitation:
natural disasters;
severe weather;
epidemic or pandemic;
illness;
death;
war;
civil unrest;
government restrictions;
changes in law;
travel restrictions;
venue closure;
telecommunications or internet failures;
technical failures;
industrial disputes; or
other events beyond our reasonable control.
Where such circumstances materially affect delivery of a program, Embodied Breath Academy may reasonably reschedule, relocate, modify or deliver the program by an alternative method where practicable.
Nothing in this clause limits any rights or remedies that cannot lawfully be excluded.
16. PRIVACY
Personal information will be collected, stored and handled in accordance with our Privacy Policy.
Our Privacy Policy is available at:
https://www.embodiedbreathacademy.com/privacy-policy
17. DISPUTE RESOLUTION
If you have a concern or dispute relating to a service, you agree to first contact Embodied Breath Academy in writing and provide reasonable details of the issue.
We will make reasonable efforts to resolve the matter directly and in good faith.
Nothing in this clause prevents either party from exercising any rights available under applicable Australian law.
18. GOVERNING LAW & JURISDICTION
These Terms are governed by the laws of New South Wales, Australia.
You and Embodied Breath Academy submit to the jurisdiction of the courts and tribunals of New South Wales, Australia, except where applicable law provides otherwise.
19. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary or, where this is not possible, severed from these Terms.
The remaining provisions will continue in full force and effect.
20. ENTIRE AGREEMENT
These Terms, together with any specific written enrolment agreement, payment plan, booking confirmation or other written terms expressly incorporated into your enrolment, constitute the agreement between you and Embodied Breath Academy concerning the relevant services.
Any variation to an agreed enrolment or payment arrangement must be confirmed in writing by Embodied Breath Academy.
21. CHANGES TO THESE TERMS
We may update these Terms from time to time.
The Terms applicable to your enrolment will generally be the version accepted by you at the time of booking or enrolment, unless a subsequent variation is expressly agreed between you and Embodied Breath Academy or is otherwise permitted by law.
22. ACCEPTANCE
By submitting an enrolment, making a payment, accepting an offer of enrolment or participating in an Embodied Breath Academy program or service, you acknowledge that:
you have read and understood these Terms;
you agree to be legally bound by them;
you understand the payment and cancellation obligations;
you understand that the AUD $1,500 training deposit is non-refundable and non-transferable except where otherwise required by law; and
you have had the opportunity to seek independent legal advice before entering into the agreement.
CONTACT
Embodied Breath Academy
Email: support@embodiedbreathacademy.com