Website Terms & Conditions

1. About these terms

These Terms & Conditions (“Terms”) govern your use of the website at breathation.com and any related pages, forms and booking tools we operate (the “Site”), and your purchase of any classes, passes, sessions, events, vouchers or space hire through the Site.

The Site is operated by T Facilty Services Pty Ltd (ABN 65 690 011 011), trading as Breathation (“Breathation”, “we”, “us”, “our”), of 1A/7 The Esplanade, Maroochydore (Cotton Tree), Queensland 4558.

By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

2. Other documents that apply

2.1 Our related policies

These Terms should be read together with our Privacy Policy, Booking & Cancellation Policy and Health Screening & Waiver. Each forms part of your agreement with us.

2.2 Third-party terms

Bookings, payments and ticketing are handled by third-party platforms, currently Momence. When you use them you also agree to their terms and privacy policies. We are not responsible for those platforms’ availability, performance or conduct.

2.3 Which document wins if they conflict

If there is any inconsistency, this order applies, highest first:

1. the Privacy Policy, on anything concerning your personal information, your health information, or the use of your image
2. the Health Screening & Waiver, on health, safety and participation
3. the Space Hire Conditions and any signed hire agreement, on space hire
4. the Booking & Cancellation Policy, on bookings, payments, refunds and credits
5. these Terms, on everything else

3. Who can use the Site and book with us

To make a booking or purchase you must:

• be at least 18 years old, or have the consent and supervision of a parent or guardian
• have the legal capacity to enter a binding contract
• provide accurate, current and complete information, including in your health declaration
• use the Site only for lawful purposes

If you book on behalf of someone else, you are responsible for making sure they read and accept these Terms, the Booking & Cancellation Policy and the Health Screening & Waiver before they attend.

4. Information on the Site is general only

4.1 Not medical advice

Nothing on this Site should be relied on to diagnose, treat, cure or prevent any physical or mental health condition. Breathation facilitators are breathwork practitioners, not registered medical or mental health practitioners, unless a specific practitioner’s qualifications are stated otherwise.

Always consult a qualified health professional before starting breathwork if you have any health condition, are pregnant, or are unsure whether it is right for you. Never disregard, delay or discontinue professional medical advice because of something you read here. If you are experiencing a medical emergency, call 000.

4.2 Accuracy

We take care to keep the Site accurate and current, but we do not warrant that everything on it is complete, accurate or up to date at all times. Class times, prices, facilitators and availability can change. The details shown in our booking platform at the time you book are the ones that apply.

4.3 Testimonials and outcomes

Testimonials on this Site are genuine accounts of individual experiences, published with permission. Breathwork affects everyone differently. Nothing on this Site is a promise, guarantee or representation that you will experience any particular outcome, sensation, emotional release or health benefit.

5. Health, safety and assumption of risk

5.1 Breathwork carries risk

Conscious connected breathwork, breath retention and related practices produce real physiological changes. They may cause, among other things: tingling, numbness, muscular tension or tetany, dizziness, light-headedness, changes in heart rate and blood pressure, temperature changes, nausea, headache, fainting, emotional release including crying, laughing or shaking, and the surfacing of distressing memories or feelings.

Breathwork is not suitable for everyone. It may be unsafe if you have or have had, among other things: cardiovascular disease, high or low blood pressure, aneurysm, stroke, epilepsy or a seizure history, severe asthma or other significant respiratory conditions, glaucoma or retinal detachment, recent surgery or injury, osteoporosis, or a diagnosed psychiatric condition including psychosis, bipolar disorder or schizophrenia. Our sessions are not suitable during pregnancy. This list is not exhaustive.

5.2 Your obligations

Before attending you must:

• complete our health declaration honestly and in full
• tell us about any relevant condition, medication, injury or pregnancy, including any change since your last visit
• obtain clearance from your treating health professional where we ask you to, or where you are in any doubt
• follow the facilitator’s instructions during the session
• stop, rest and signal for help at any time you need to. You may pause or leave a session at any point, for any reason, and you never need to explain why

5.3 What we may do

We may decline or end your participation, refuse a booking, or ask you to obtain medical clearance first, where we reasonably believe participation may be unsafe for you or for others. We may also ask you to leave if your behaviour is unsafe, intoxicated, disruptive, or disrespectful to other participants or staff. Where we decline participation on safety grounds and you have disclosed accurately and in good faith, we will refund you in full.

5.4 Assumption of risk

To the maximum extent permitted by law, and subject to clause 9, you take part in breathwork at Breathation voluntarily and you accept the risks described in clause 5.1. Full waiver terms are in the Health Screening & Waiver, which you must accept before your first session.

6. Bookings, prices and payment

6.1 Prices

All prices are in Australian dollars. Prices include GST. We may change prices at any time. A change will not affect a booking you have already paid for.

6.2 Your booking is an offer

Displaying a class or product on the Site is an invitation to book, not an offer. Your booking is only confirmed when you receive a confirmation from us or from our booking platform. We may decline a booking, and if we do we will refund you in full.

6.3 Payment

Payment is required in full at the time of booking unless we agree otherwise in writing. Payments are processed by our third-party payment provider, and we do not store your full card details. If a payment is declined, reversed or charged back, your booking may be cancelled, and we may recover any resulting fees and reasonable costs.

6.4 Pricing errors

If a price is displayed incorrectly through obvious error, we will contact you before processing your booking and give you the choice of paying the correct price or receiving a full refund. We will not use this clause to escape a genuine price we advertised.

6.5 Refunds, cancellations, credits and passes

These are set out in full in the Booking & Cancellation Policy, which forms part of these Terms. Nothing in that policy limits your rights under the Australian Consumer Law.

7. Intellectual property

7.1 Our content

All content on the Site (text, copy, photographs, video, audio, illustrations, logos, the Breathation name and marks, class names and descriptions, session structures, page layout, design and code) is owned by us or our licensors and is protected by copyright and other intellectual property laws.

7.2 What you may do

You may view, download and print pages from the Site for your own personal, non-commercial use.

7.3 What you may not do

Without our prior written permission you must not:

• reproduce, republish, redistribute, sell, licence or commercially exploit any part of the Site
• copy our class names, descriptions, session structures or marketing copy for use in a competing offering
• use our name, logo or brand in a way that suggests endorsement, affiliation or partnership that does not exist
• systematically extract data, scrape, spider or index the Site by automated means
• use the Site or its content to train a machine learning or artificial intelligence model
• remove or alter any copyright or proprietary notice

This applies with particular force to facilitators who hire our space. Hiring the room does not license our brand; see the Space Hire Conditions.

7.4 Content you give us

If you submit a review, testimonial, photo, video or other content to us or tag us on social media, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce and display that content in connection with promoting Breathation, and you confirm you own it or have the right to give us that licence. You can ask us to stop using it at any time by emailing hello@breathation.com.

This clause does not apply to any image in which you or another participant is identifiable. For those, we will always ask for your express, separate consent first. Clause 3.5 of our Privacy Policy prevails over this clause.

8. Acceptable use

You must not use the Site in any way that breaches any law; transmit any virus, malware or harmful code; attempt to gain unauthorised access to the Site, its servers or any connected system; interfere with the Site’s operation, security or availability; use the Site to harass, abuse, defame or harm any person; impersonate anyone or misrepresent your affiliation; or post false, misleading or deceptive content. We may suspend or terminate your access without notice if we reasonably believe you have breached this clause.

9. Australian Consumer Law: your rights that we cannot take away

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Among other things, services must be supplied with due care and skill, must be fit for any purpose you told us about, and must be supplied within a reasonable time. If we fail to meet a consumer guarantee:

• For a major failure, you are entitled to cancel the service contract and receive a refund for the unused portion, or to compensation for the reduction in value. You may also be entitled to compensation for any other reasonably foreseeable loss or damage.
• For a failure that is not major, you are entitled to have the problem fixed within a reasonable time, and if it is not fixed, to cancel and receive a refund for the unused portion.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where we are permitted to limit our liability for breach of a consumer guarantee, we limit it, at our option, to resupplying the service or paying the cost of having it resupplied.

10. Limitation of liability

Subject always to clause 9, and to the maximum extent permitted by law:

1. The Site and its content are provided “as is”. We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses.
2. We are not liable for any loss or damage arising from your use of, or inability to use, the Site, including any loss arising from reliance on general information published on it.
3. We are not liable for indirect, special or consequential loss, or for loss of profits, revenue, data, opportunity or goodwill.
4. We are not liable for the acts, omissions, content or conduct of third parties, including our booking and ticketing platforms, payment providers, linked websites, or independent facilitators who hire our space.
5. Where our liability cannot be excluded, our total liability to you in connection with the Site is limited to the amount you paid us in the 12 months before the event giving rise to the claim.
6. We are not liable for any failure or delay caused by something outside our reasonable control, including fire, flood, storm, natural disaster, power or internet failure, pandemic, public health order, government direction, industrial action, or the failure of a third-party platform.

11. Indemnity

To the maximum extent permitted by law, you indemnify us against any claim, loss, damage, cost or expense we suffer arising from your breach of these Terms, your unlawful or negligent act or omission, or your failure to disclose a health condition accurately in your health declaration. This indemnity does not apply to the extent the loss was caused by our own negligence or breach.

12. Third-party links

The Site contains links to third-party websites and embedded third-party content, provided for convenience. We do not endorse, control or accept responsibility for them or their content.

13. Availability and changes to the Site

We may change, suspend, restrict or discontinue any part of the Site at any time without notice, and we are not liable to you for doing so.

14. Changes to these Terms

We may update these Terms at any time. The current version is always on this page with the “last updated” date at the top. The version in force when you make a booking is the version that applies to that booking. Continuing to use the Site after a change means you accept the updated Terms.

15. Privacy

We handle your personal information, including your health information, in accordance with our Privacy Policy.

16. Termination

We may suspend or terminate your access to the Site and cancel your bookings if you materially breach these Terms. Clauses that by their nature should survive termination, including clauses 7, 9, 10, 11 and 17, do survive.

17. General

Governing law. These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.

Severability. If any provision is found invalid or unenforceable, it is severed and the rest continues in force.

No waiver. If we do not enforce a right, that is not a waiver of it.

Entire agreement. These Terms, with the documents in clause 2.1, are the entire agreement between us about the Site and supersede anything said or written beforehand.

Assignment. You may not assign your rights under these Terms without our written consent. We may assign ours, including if we sell the business.

18. Contact

Breathation
1A/7 The Esplanade, Maroochydore (Cotton Tree) QLD 4558
hello@breathation.com