MENTORSHIP COACHING RETREATS BLOG

Terms & Conditions

Ā Last updated: 01 Jan 2024

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1. ONLINE MEMBERSHIP

i. Members of evolv. Yoga may not share, give or sell their login details or password to any other person or entity

ii. Evolv. Yoga's online content is not directed to persons under eighteen (18) years of age and by providing information about yourself toĀ evolv. Yoga you are representing that you are eighteen (18) years of age or older.

2. ONLINE MEMBERSHIP PAYMENTS & REFUNDS

i. All costs are in Australian Dollars (AUD) unless otherwise indicated.

ii. You acknowledge and agree that prices will vary depending on the type of membership as well as the region you are located.

iii. Any recurring membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month or year on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing, in particular, if your payment method has not successfully been charged.

iv. Payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your online membership through to the end of your current billing period.

3. ONLINE MEMBERSHIP CANCELLATIONS

i. You may cancel your online membership at any time for any reason. To cancel your recurring subscription, please visit your online membership settings or email: christine(at)evolvyoga.com.au

ii. Following a cancellation, you will lose access to your membership at the end of your billing period, either monthly or annually.

4. TERMINATION

i. You agree that evolv. Yoga may terminate my membership without notice for illegal, offensive or inappropriate behaviour, as determined by evolv. Yoga, which occurs onĀ evolv. Yoga's online environments or is directed at EVOLV. Yoga's staff, members or participants.

5. CHANGES TO THESE TERMS & CONDITIONS

i. We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

ii. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

iii. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

6. CONTACT US

If you have any questions about these Terms & Conditions, you can contact us by email: christine(at)evolvyoga.com.au

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PARTICIPATION AGREEMENT

Warning: This is an important document which affects your legal rights and obligations. Please read it carefully and do not continue to use evolv. Yoga website or classes unless you are satisfied you understand it. By choosing to use evolv. Yoga's website and classes you understand and agree to the following.

Risk Warning, Acceptance of Risks, Release and Indemnity

  1. I am aware that participating in exercise contains elements of risk, both obvious and inherent, and that by participating in an evolv. Yoga class I will be exposed to such risks. The risks involved may result in property damage and/or personal injury including disease and death.
  2. I fully appreciate the nature and extent of all risks involved and by participating in a class I freely, voluntarily and absolutely ACCEPT ALL RISKS howsoever arising out of or in relation to my participation in the class, whether caused by the negligence of evolv. Yoga and the Associated Entities, or otherwise.
  3. By entering or taking part in a class I vouch that have no known medical conditions which would preclude me from participating. I will immediately notify evolv. Yoga in writing of any change to my fitness and ability to participate.
  4. To the full extent permitted by law, I agree to WAIVE all and any claim, right or cause of action which I or my heirs, successors, executors, administrators, agents and assigns might otherwise have against any one or more of evolv. Yoga and the Associated Entities for or arising out of Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a class, whether caused by the negligence of evolv. Yoga and the Associated Entities, or otherwise.
  5. To the full extent permitted by law, I agree to RELEASE AND DISCHARGE evolv. Yoga and the Associated Entities from all liability to me, my personal representatives, heirs and next of kin, for Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a class, whether caused by the negligence of evolv. Yoga and the Associated Entities, or otherwise.
  6. To the full extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESSĀ evolv. Yoga and the Associated Entities against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for Death, Illness or Injury arising out of or as a consequence of my acts or omissions in the course of or consequential upon or incidental to my participation in a class, whether caused by the negligence of evolv. Yoga and the Associated Entities, or otherwise.
  7. I agree that the liability of evolv. Yoga in relation to any recreational service (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)) for any:
  8. death;
  9. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or
  10. contraction, aggravation or acceleration of a disease; or
  11. coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
  12. that is or may be harmful or disadvantageous to the individual or community; or
  13. that may result in harm or disadvantage to the individual or community, that I may suffer (or a person on whose behalf I acquire the services may suffer) is EXCLUDED.

By accepting this agreement I acknowledge and agree that (a) the assumption of risk and warning above constitutes a "risk warning" in accordance with and for the purposes of the Civil Liability Act 2002 (WA); and (b) I have been given notice that certain statutory rights and in particular guarantees under Commonwealth and/or State consumer laws have been excluded, restricted or modified by this Agreement including in particular in the manner set out above.

Medical Information and Treatment

  1. I understand that I should not participate in a class unless I have trained appropriately and a qualified medical practitioner has verified my medical and physical condition. I agree that I remain responsible for my own health care.
  2. I undertake to stop exercising immediately if I experience faintness, dizziness, pain or shortness of breath at any time.
  3. I agree that in the event that I become ill or injured in the course of my attendance at or participation in a class, I will consent to receive any medical treatment, including without limitation physical examination, first aid, defibrillation and ambulance transportation that evolv. Yoga or Associated Entities think desirable.

Personal Information and Publicity

  1. I agree that evolv. Yoga and Associated Entities may collect, store and use my Personal Information in accordance with the evolv. Yoga's privacy policy.

Safety and Insurance

  1. I acknowledge and agree that any safety precautions undertaken by evolv. Yoga and Associated Entities are a service to me and not a guarantee of my safety.
  2. I acknowledge and agree that any insurance cover affected for participants in a class may not cover me for any or all death, injury, loss or damage sustained by me.

Pricing

  1. I acknowledge that evolv. Yoga may, in its absolute discretion, amend the prices for goods and services. Unless otherwise specified, all prices for goods and services are inclusive of GST.

Basis of Agreement

I agree that:

    • These Terms and Conditions apply exclusively to the provision of goods and services by evolv. Yoga to me and cannot be replaced or varied without the written agreement of evolv. Yoga.
    • These Terms and Conditions shall be governed by and construed according to the law of Western Australia, Australia, and I submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.

Defined Terms and Interpretation

      1. In this agreement, unless the contrary intention appears or the context otherwise requires, these words have the following meanings:

Associated Entities means all persons, corporations and entities other than evolv. Yoga that are in any way connected with organising, promoting, sponsoring, supporting, running or staging Program or receiving benefits from a Program, and includes without limitation the officers, directors and employees of evolv. Yoga or its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).

Death, Illness or Injurymeans (a) death (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (c) the contraction, aggravation or acceleration of a disease; (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (i) that is or may be harmful or disadvantageous to the individual or community; or (ii) that may result in harm or disadvantage to the individual or community.

Personal Information has the meaning given to that expression under the Privacy Act 1988 (Cth), and includes without limitation my name, email address, phone number, place of residence, occupation, age, height and weight.

      1. In this agreement, unless the context otherwise requires, a reference to a person, corporation or entity includes a reference to its officers, directors, servants, employees, agents and representatives.
      2. To the extent that the obligations I have under this agreement are not directly enforceable by any person for whose benefit they have been given, I agree that any such obligation may be enforced by evolv. Yoga on behalf of those persons.

Class(es) means a Yoga practice, Yoga class or any offer, free or paid for, provided through evolv. Yoga website or offline event.

Declaration

You acknowledge that You have read and understood this entire agreement (including, without limitation, the risk warning) and freely, voluntarily and by using this Service absolutely agree to its terms and conditions.