Busy Beas Bookkeeping Pty Ltd trading as Balance With Kel and The Balance Nook (ABN 57 619 961 910) (Balance with Kel’, ‘The Balance Nook’, ‘we’, ‘our’ or ‘us’) provides yoga, meditation, pilates and other exercise and relaxation classes (‘classes’) to you subject to the terms and conditions of this Participation Policy.

By participating in any online or in-person classes provided by us, you acknowledge that you have read, understood and agree to this Participation Policy.

In addition, by participating in any in-person or online classes provided by us, you agree that we will handle your personal information (if you provide it to us) in accordance with our Privacy Policy which is available on the Balance With Kel website located at https://www.thebalancenook.com (‘Website’).

If you do not agree with this Participation Policy, or our Privacy Policy, you must immediately stop participating in our classes.

We do not offer services to data subjects of the member states of the European Union or European Economic Area.  If you are located in those states, you may not participate in our .

This Participation Policy may be amended by us from time to time. The most up-to-date Participation Policy will always be published on our Website. You should check our Website regularly to take note of any changes.

PHYSICAL ACTIVITY AND INJURY

1. You understand that our classes involve physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension.
2. You understand that there is an inherent risk of danger, bodily harm or injury which may arise from participation in the class. You acknowledge that as is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated.
3. You agree that you will wear comfortable and unrestrictive clothing to perform the activity. If you are participating online, you will carry out the activity in a large well-lit area that is free from obstacles.

HEALTH AND READINESS TO

4. You acknowledge that your participation in classes is voluntary, based on your own assessment of your fitness, health, ability to participate and understanding of the class requirements. However, if you are pregnant, become pregnant, have recently had a baby or surgery, or have any other condition, injury or illness that may impact your ability to safely participate in our classes, you must not participate unless you have the prior approval of your treating healthcare professional.
5. You understand that our classes are not recommended and may not be safe for people with certain medical conditions.
6. If you are under the age of 15, you must have your parent or guardian consent on your behalf.
7. You understand that the instructions given throughout classes are intended only as guidance. It is therefore your own responsibility to adjust your practice according to your limitations to ensure that no personal injury or loss occurs. You take full responsibility for yourself during the classes, including any risks, injuries or damages which you might incur as a result of participating in the class.
8. If at any time during the class, you feel discomfort or strain, you will gently come out of the posture and you will continue to breathe smoothly. If it is possible, you will ask for support from the instructor before continuing with the activity. If necessary, you will stop the activity. You understand that you may rest at any time during the class. You also understand that it is important in our classes that you listen to your body, and respect its limits on any given day.
9. You understand the importance of correct guidance and undertake not to pass on or teach any of the practices and other techniques taught in class, without full understanding of the proper use of the practice or technique.

INFORMATION PROVIDED DURING CLASS

10. You understand that our classes are not a substitute for medical attention, examination, diagnosis or treatment.
11. The information provided by the instructor of a class is provided for information purposes only. Sometimes it may include a summary or general overview of matters which may be of interest to you. It is not comprehensive and does not constitute health or medical advice. You should always obtain medical or other professional advice, appropriate to your own circumstances, before acting or relying on information provided to you in a class.

LIABILITY AND

12. You understand and agree that your participation in any class will be entirely at your own risk. You agree that Balance With Kel, The Balance Nook (and its instructors) are in no way responsible for any personal injury, loss or death you may suffer as a result of participating in the classes, and you hereby agree to irrevocably and forever release, indemnify and hold harmless Balance With Kel or The Balance Nook (and its instructors) from any and all claims that you have now or may have in the future against Balance With Kel or The Balance Nook (or its instructors) arising out of or in connection with participation in the classes. Additionally, Balance With Kel, The Balance Nook (and its instructors) are not in any way responsible for any loss or damage to your personal property.
13. To the extent permitted by law, all express and implied rights, guarantees warranties and conditions (whether by statute, common law, equity, trade, custom, usage or otherwise) that in any way relate to the provision of any classes provided by Balance With Kel and The Balance Nook are expressly excluded. However, nothing in this Participation Policy excludes or limits our liability regarding subject matter that cannot be excluded or limited by Australian law. If the Australian Consumer Law applies to any of the classes we provide to you, our liability to you for that loss is limited to (at our election) the re-supply of the services or the payment of the cost of having the services supplied again.
14. To the extent permitted by law, Balance With Kel, The Balance Nook (and its instructors) exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to classes provided by Balance With Kel and The Balance Nook, including classes provided in-person and online.

PHOTOGRAPHS & TESTIMONIALS

15. You understand that during a live online class you are able to participate without your video being on. This will mean that the instructor and other class participants will not be able to see you. However, it will mean that the instructor will not be able to provide you with tips and feedback about your practice and technique.
16. You understand that Balance With Kel or The Balance Nook may take photographs of yourself and/or others participating in a class from time to time. You will be given notice of any photograph before it is taken and given the option not to be included in the photograph. Such photographs may be used in marketing materials published and distributed by Balance With Kel or The Balance Nook, including on social media accounts and in promotional materials.
17. You understand that Balance With Kel or The Balance Nook may ask for your feedback or a testimonial from time to time. You will be asked whether your feedback or testimonial can be used in marketing materials published by Balance With Kel or The Balance Nook and you have the right to say no.

INTELLECTUAL PROPERTY

18. Balance With Kel and The Balance Nook reserves all rights in relation to intellectual property created and used by us in classes and in any information or documentation provided during or in relation to classes. Balance With Kel and The Balance Nook have taken reasonable care to ensure that it has permission to use the intellectual property of others. Use of any intellectual property of Balance With Kel or The Balance for any purpose without our prior written consent or as permitted by law is strictly prohibited.

PAYMENT

19. Balance With Kel and The Balance Nook provides some classes for a fee and other classes for free. If there is a fee payable for a class you will be notified in .
20. We use third party gateways, such as PayPal or Stripe, to process payments made through our Website. Your use of those third party services is subject to those third parties’ terms.
21. You represent and warrant that all details you provide to us is correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the class. We reserve the right to obtain validation of your payment details before providing you with access to the classes.
22. If you do not pay the fee for a class before the class commences, Balance With Kel or The Balance Nook may refuse you entry or otherwise exclude you from any of its classes in the future.

GENERAL

23. This Participation Policy is governed by the laws of Queensland, Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Queensland.
24. If any portion of this Participation Policy is deemed by a Court of competent jurisdiction to be invalid, then the remainder of the policy form shall remain in full force and effect.
25. Balance With Kel or The Balance Nook may refuse you entry or otherwise exclude you from any of its classes for any reason, including if you do not comply with any part of this Participation Policy at any time.