1. Event Terms

• Event Description and inclusions
  
  • The Event will be carried out as detailed in the Event
    Description on the Booking Platform.
  • You understand that the itinerary in the Event Description, or as provided to you at any time by HeART & Soul, is subject to

• 1.2.  Tickets
  
  • You will be provided with a Ticket upon executing these Terms and
  • Your Ticket is proof of purchase of the Event and must be presented at the time of admission.
  • You acknowledge that you are wholly responsible for your Ticket and that your Ticket will not be replaced or refunded in the event that your Ticket is lost, damaged, stolen, destroyed or rendered unusable in any
  • Your Ticket is non-transferrable.

2. Conditions of entry

• You acknowledge that your admission to an Event is subject to these Terms and Conditions.
• You must present a valid form of identification to be admitted entry
• HeART & Soul reserves the right to refuse you entry to, or remove you from, the Event if you are intoxicated, under the influence of illicit drugs, inappropriately attired or acting in a manner affecting the safety or enjoyment of other participants in the Event.
• If you arrive late, you may not be admitted until a suitable time in the
• No refunds will be given if you are denied access to, or removed from, the Event in accordance with any of the conditions in Clause

3. Client obligations

• By purchasing a Ticket to a HeART & Soul Event you agree and warrant that: 3.1.1. you are at least 18 years of age unless event description stipulates the event is suitable for those under the age of 18;
• you have disclosed any relevant medical conditions to HeART & Soul which may impact your capacity to participate in the Event;
• you will abide by the instructions provided in the Event Description, including but not limited to, instructions in relation to attire, equipment, and preparation required to participate in the Event; and
• you understand that it is not possible to guarantee that each participant will experience the same, or any, physical, emotional or spiritual outcome as a result of participating in the Event.

4. Payment and fees

• The specific Ticket Price for the Event, and what is included in that price, will be detailed in the Event Description.
• The total amount of the Ticket Price must be paid at the time of
• In addition to the Ticket Price, you must pay GST and any booking, handling, credit card surcharge or postage fees specified on the relevant Booking

5. Refunds and credits

• All Ticket sales are final, and no exchange, credit or refund will be provided to you, except in the case of Cancelled Events or Postponed Events as expressly provided for in Clause 6.
• Any refund or credit issued will be your sole remedy for a Cancelled or Postponed Event, and HeART & Soul will have no further liability to you in respect of any Cancelled or Postponed Event, or any variation of an Event, for any
• Any credits issued for Postponed or Cancelled Events that are not used within 12 months of the original scheduled date of the Event will be

6. Cancelled, postponed and varied Events

• HeART & Soul reserves the right to cancel, postpone or significantly vary an Event due to situations affecting HeART & Soul, the venue or the participants, including Force Majeure Events.

• 6.2.  Cancelled Events
  
  • If an Event is cancelled and a new date for the Event is not announced (“Cancelled Event”) you may elect, within 30 days of being notified of the cancellation, to obtain a refund for the Ticket Price (excluding any booking, credit card or additional fees imposed by the Booking Platform).
  • If you do not elect to obtain a credit within 30 days of being notified of the Event being cancelled, you will receive a credit for the Ticket Price to put towards another HeART & Soul Event that is scheduled to occur within 12 months of the original date of the Cancelled

• 6.3.  Postponed Events
  
  • If an Event is postponed or rescheduled to a different date (“Postponed Event”) you may request in writing, within 30 days of being notified of the postponement, a credit for the Ticket Price to put towards another HeART & Soul Event that is scheduled to occur within 12 months of the original date of the Postponed Event.
  • If you do not elect to obtain a credit within 30 days of being notified of the Event being postponed, your Ticket will automatically be transferred to the  new date for the Postponed Event.

7. Intellectual property

• You acknowledge and agree that:
  
  • any and all right, title, and interest, including IP Rights, in any HeART & Soul Material vest in HeART & Soul upon creation;
  • HeART & Soul owns and retains all IP Rights in all HeART & Soul Materials;
  • nothing in these Terms and Conditions grants you any IP Rights in HeART & Soul Materials.
• HeART & Soul acknowledges and agrees that:
  
  • you own and retain all IP Rights in all Participant Materials; and
  • nothing in these Terms and Conditions grants HeART & Soul any IP Rights in any Participant Materials.
• A party must not engage in any conduct which may challenge, damage or compromise the other party’s IP Rights in that other party’s materials (being HeART & Soul Materials or Participant Materials, as applicable).

8. Privacy

• You acknowledge that information about you, including information provided to HeART & Soul on purchasing a Ticket or attending an Event will be held by HeART & Soul. This information is collected by HeART & Soul for the purposes of hosting the Event.

• HeART & Soul does not sell or deal in personal or customer information. HeART & Soul may however use your information in a general sense without reference to your name or other personally identifying information to create marketing statistics, or identify user demands to assist HeART & Soul in meeting customer needs. HeART & Soul may use the information that you provide to improve its website, Events and general services.

• HeART & Soul may disclose personal information in good faith and where HeART & Soul is required to do so:
  
  • where ordered by law or a court;
  • to enforce the terms of any HeART & Soul agreements;
  • to protect the rights, property or safety of HeART & Soul, its clients or third parties; or
  • to banks or financial institutions with the purpose of preventing fraud as a proof of any transaction.

9. Confidentiality

• Each party (“Receiving Party”) must keep confidential all Confidential Information given to that party by the other party (“Disclosing Party”) and must use the same degree of care to protect the Disclosing Party’s Confidential Information, as used to protect its own Confidential Information of a similar nature, but not less than reasonable care.

• The Receiving Party must not disclose any Confidential Information of the Disclosing Party to any third-party unless the Receiving Party has the express written consent of the Disclosing

• A party disclosing Confidential Information under clause 9.2 must use all reasonable endeavours to ensure that third-parties receiving Confidential Information from that party do not disclose the information

• Confidential Information does not include information to the extent:
  
  • it is or becomes public without breach of these Terms and Conditions or otherwise through no fault of the Receiving Party;
  • the Receiving Party was lawfully and demonstrably in possession of the information prior to receiving it from the Disclosing Party; or
  • the Receiving Party can demonstrate the information was developed by the Receiving Party independently and without use of or reference to the Disclosing Party’s Confidential Information.

• The Confidential Information of a party is the property of that Unless otherwise stated, the Receiving Party obtains no right, title, interest or licence in or to the Confidential Information of the Disclosing Party.

10. Media release and waiver

• You acknowledge and agree that before and during the Event, you may be subject to photographs, video, sound, recordings or other media captures of your face, name, voice or likeness.

• You irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitisation and/or re-release of the Released Media by HeART & Soul for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium.

• You understand that HeART & Soul may use all Released Media at its sole discretion and that you do not have any right to inspect or approve the use of the Released Media.

• You hereby release HeART & Soul from any and all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation claims for intellectual property rights. You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released

11. Incorporation of other terms

• The Additional Terms and Conditions that appear on HeART & Soul’s website, and any website related to a relevant Booking Platform, will govern your use of and participation in HeART & Soul Events, where the Additional Terms and Conditions

• Since these Additional Terms and Conditions form part of these Terms and Conditions, you are bound by the Additional Terms and Conditions and should review them wherever they are relevant to you when purchasing a Ticket or participating in an Event.

• HeART & Soul reserves the right to request you to sign further applicable terms and conditions which you will not unreasonably refuse to do

12. Personal injury

• You acknowledge that as a participant at a HeART & Soul Event, you will be exposed to all normal risks associated with this
• You further acknowledge and agree that due to the nature of the activity, it would be unreasonable for HeART & Soul to be in any way responsible for any damages, injury or death and hereby, to the fullest extent permitted by law, you waive all of your legal rights of action against and fully release HeART & Soul for loss, damages, injury or death howsoever arising out of or in relation to your participation in or attendance at the Event, including without limitation, liability for any negligent or tortuous act or omission, breach of duty, breach of contract or breach of statutory duty on the part of HeART & Soul, its officers, suppliers, contractors, directors,  employees or agents.

• You authorise HeART & Soul, in the event of any accident or illness during the Event, to obtain such medical and hospital assistance as required and you agree to meet any and all expenses thereby incurred which you agree to later reimburse HeART & Soul

13. Limitation of liability

• To the maximum extent permitted by law:
  
  • HeART & Soul’s liability for any breach, act or omission of HeART & Soul or its personnel in the performance of these Terms and Conditions (whether based in contract, tort including negligence, common law, equity, statute or otherwise) is limited in aggregate to the total Ticket Price paid by you to HeART & Soul;
  • HeART & Soul excludes any liability for indirect, economic, special or consequential loss or damage; and
  • A party’s liability under these Terms and Conditions, including any indemnity, will be reduced to the extent that the other party caused or contributed to the relevant loss or

14. Indemnity

• You indemnify HeART & Soul (and each of its officers, employees, contractors, consultants and agents) (“Indemnified Parties”) and must keep the Indemnified Parties indemnified against all loss, damage (including indirect and consequential loss and damage), claims, liability, expense, payment and/or outgoings incurred by or awarded against you and arising directly or indirectly from:
  
  • non-performance of these Terms and Conditions;
  • any unlawful, wilful or negligent act or omission by you, your employees, officers, agents, consultants or contractors in connection with the Event under these Terms and Conditions;
  • a breach or default by you of your obligations (or any warranty) under these Terms and Conditions;
  • any infringement of the IP Rights of HeART & Soul, or any infringement of the IP Rights of Third-Party Materials caused or contributed to by you or your agents, employees, contractors (other than HeART & Soul), consultants or officers;
  • damage to personal property; or
  • injuries suffered by you or any person working within or in affiliation with your business in relation to the Events carried out under these Terms and

15. No guarantees or warranties

• To the maximum extent permitted by law, the Events carried out under these Terms and Conditions are provided without guarantee, warranty or representation as to the accuracy, reliability or completeness of any information provided during the Event or any success or outcome of the

• In particular, HeART & Soul does not guarantee, warrant or represent that the Events carried out under these Terms and Conditions will achieve any specific result for you, including mental, physical or spiritual

16. Competition law

• HeART & Soul complies with Australian Consumer Law and provides all the Consumer Guarantees contained in the Competition and Consumer Act 2010 (Cth) to the extent they are applicable. Where HeART & Soul breaches a warranty or guarantee which is implied by law into these Terms and Conditions and which cannot be lawfully excluded, then HeART & Soul relies on section 64A of the Competition and Consumer Act 2010 (Cth). Accordingly, HeART & Soul’s liability for any such breach shall be limited at HeART & Soul’s option, as long as it is fair and reasonable to do so, to any one or more of the following:
  
  • where there is a supply of goods, to the replacement or resupply of equivalent goods, or payment of the cost of replacing the goods or acquiring equivalent goods; or
  • where there is a supply of services, to resupplying the services or payment of the cost of having the services

17. Disputes

• Either party may give a notice in writing to the other party stating the details of a dispute between the parties (“Notice of Dispute”).
• Representatives of the parties having authority to settle the dispute must meet within seven (7) days receipt of the Notice of Dispute to attempt to resolve the dispute. If the representatives cannot do so, either party may commence court proceedings in  respect of the issues outlined in the Notice of
• Nothing in this clause prevents a party from commencing proceedings to seek urgent interlocutory relief.

18. Right to sub-contract

• HeART & Soul may appoint contractors or agents to facilitate all or part of the Event.

19. Assignment

• Neither party may assign or novate these Terms and Conditions or a right or obligation under these Terms and Conditions without the prior written consent of the other

20. Variation

• Any variation, amendment or modification of these Terms and Conditions will not be effective unless agreed between the parties in writing (including electronic communication).
• All changes are effective from the date they are made and your continued participation in HeART & Soul Events will constitute your acceptance of the variation of the Terms and Conditions. It is your responsibility to ensure you are aware of any changes to these Terms and

21. Severability

• Any provision of these Terms and Conditions which is prohibited or unenforceable will be interpreted as narrowly as necessary to allow it to be valid or enforceable, and if such narrow interpretation is not sufficient to make the clause enforceable or valid, then the provision will be severed from these Terms and Conditions  without  invalidating the remaining provisions.

22. Notices

• Any notice, or other communication to be given by either party under these Terms and Conditions shall be deemed to have been duly given if it is in writing, signed for and/or on behalf of the concerned party and delivered under acknowledgment due at co[email protected] or as advised from time-to-time hereafter in writing by a party to the other.

23. Counterparts

• These Terms and Conditions may be executed in any number of counterparts and by the parties on separate counterparts. Each counterpart constitutes the agreement of each party who has executed and delivered that counterpart.

24. Entire agreement

• This Terms and Conditions is the entire agreement between the parties about its subject matter and replaces all previous agreements, understandings, representations and warranties about that subject matter.

25. Jurisdiction

• These Terms and Conditions are to be governed by and construed according to the laws in force in the state of Queensland, Australia, and the parties agree to the exclusive jurisdiction of the courts of Queensland.

26. General

• Nothing in these Terms and Conditions is intended to constitute a fiduciary relationship or an employment, agency, partnership or trust, and no party has authority to bind any other party.
• You must do such further acts and things and execute such further documents as may be necessary in the reasonable opinion of HeART & Soul to give effect or better effect to the provisions of these Terms and Conditions.

27. Definitions

• Unless the context requires otherwise, capitalised terms not defined in the Terms and Conditions should be given their regular meaning.

Additional Terms and Conditions means the Event Description, the Medical hearQuestionnaire and any other terms and conditions that appear in or are linked to the HeART & Soul website or relevant Booking Platforms.

Booking Platform means the HeART & Soul Website (www.heartnsoul.au)

Confidential Information includes the terms and conditions of these Terms and Conditions (but not its existence) and any information provided by a party to the other which is, or can be inferred to have been, provided in commercial confidence or of a confidential nature, whether or not expressly marked “confidential”, including any information relating to the commercial activities, technologies, business processes, client, partner or supplier relationships, strategic information, know-how and any other information regarding the business of the Disclosing Party.

Disclosing Party means the party disclosing Confidential Information.

Event means the event, retreat or experience hosted by HeART & Soul, including Group Sessions and Facilitator Training Sessions, as detailed by the Event Description on the Booking Platform.

Event Description means details provided on the Booking Platform about the Event, including price, time, location and the relevant instructions in relation to the following, including but not limited to the itinerary, attire, equipment, transportation, meals, amenities and preparation required to participate in the Event.

Force Majeure Event means any of the following, whether or not foreseeable or anticipated: acts of God, terrorism, war, civil unrest, strike or labour dispute, lack of transportation, breakdown, labour or material shortage, blockade or embargo, supplier failure, epidemic or pandemic, government restriction or recommendation, legal requirement, extreme weather, earthquake, drought, fire, flood, explosion, natural disaster, and/or any other event, cause or circumstance that is beyond HeART & Soul’s reasonable control.

Group Session means the event, retreat or experience hosted by HeART & Soul, available to members of the general public to attend to participate in breathwork, self-directed healing, non-linear movement, sound healing and art therapy, with the guidance of trained facilitators.

Intellectual Property Rights (“IP Rights”) means any intellectual and industrial property rights or entitlements throughout the world including those in connection with any Confidential Information, copyright (including future copyright and rights in the nature of or analogous to copyright), moral rights, inventions (including patents), trademarks, service marks and designs, whether or not now existing and whether or not registered or registrable, as well as any right to apply for the registration, renewals and extensions of those rights, and any other Intellectual Property Rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967.

Medical Questionnaire means the questionnaire provided to you either physically or online before attending a HeART & Soul Event which includes your personal and medical information.

Participant Materials means any trademarks, images, content or other materials developed by you prior to the date of the Event or independently of these Terms and Conditions.

Receiving Party means the party receiving Confidential Information from the Disclosing Party.

Released Media includes, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures and all other media currently known or hereinafter developed, captured of you or your likeness before and during the Event by HeART & Soul or any of HeART & Soul’s employees, affiliates, associates, representatives or agents.

HeART & Soul Materials means any material, including any documents, presentations, leaflets or brochures provided by HeART & Soul during the Event, as well as any derivative work created or developed in the performance of these Terms and Conditions by HeART & Soul either in isolation or jointly with you, but excludes Third-Party Materials. 

Third-Party Materials means any content, including texts or images, created by a party other than HeART & Soul or you. 

Ticket means a ticket to a HeART & Soul Event including:

1. physical tickets received via email or collected on site; and
2. e-tickets, print-at-home or email confirmations serving as tickets to gain entry to an Event.

Ticket Price means the amount payable by you to HeART & Soul to attend the Event, as detailed on the Event Description.

28. Interpretation

• Details to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulation issues under the legislation;
• Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, details to documents, agreements or terms and conditions also mean those documents, agreements or terms and conditions as changed, novated or replaced, and words denoting one gender include all genders;
• Grammatical forms of defined words or phrases have corresponding meanings;
• Parties must perform their obligations on the dates and times fixed to the capital city of the Jurisdiction;
• Details to an amount of money refers to the amount in the lawful currency of the Commonwealth of Australia;

• If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
• Details to a party are intended to bind their executors, administrators and permitted transferees;
• Obligations under these Terms and Conditions affecting more than one party bind them jointly and each of them severally; and
• The terms and conditions herein replace any other terms and conditions of engagement that may have applied prior to the date of these Terms and conditions.