Terms & Conditons -Attendance

Public Liability Policy & Terms of Service

Effective Date: 11/11/2024

This Public Liability Policy and Terms of Service (the "Agreement") is entered into between Amaura Wellness (hereinafter referred to as "the Company", "we", "us", or "our") and the undersigned participant (hereinafter referred to as "the Participant", "you", or "your"). By attending and participating in any classes, sessions, or activities, including but not limited to workouts, pilates, yoga, saunas, ice baths, various forms of physical activity (walking, jogging or running) , breathwork, meditation and other related services (collectively, the "Activities") offered by the Company, you acknowledge and agree to be bound by the terms and conditions set forth herein.

1. Assumption of Risk

1.1 You acknowledge that engaging in physical activities, including but not limited to workouts, pilates, yoga, saunas, ice baths, running, and breath work, inherently involves risks of injury, illness, or even death, including risks resulting from your own actions, the actions of other participants, or conditions associated with the Activity environment.
1.2 You voluntarily assume all risks associated with your participation in the Activities and agree that your participation is entirely at your own risk.
1.3 You understand that the Company makes no representations or warranties about the safety, suitability, or appropriateness of the Activities for any individual, and you have been advised to consult with a qualified medical professional before participating, especially if you have any pre-existing medical conditions or concerns.

2. Acknowledgement of Fitness and Health Status

2.1 By participating in any Activities, you affirm that you are physically fit and in good health, and you are capable of engaging in the physical activities you choose to participate in.
2.2 If you have any medical conditions, injuries, or other health-related concerns, you agree to disclose such conditions to the Company before engaging in any Activities.
2.3 You agree to immediately inform the Company if you feel unwell, dizzy, faint, or experience any pain or discomfort during any Activity, and you agree to cease participation and seek medical attention if needed.

3. Release of Liability

3.1 To the fullest extent permitted by law, you release, waive, and discharge the Company, its owners, directors, officers, employees, agents, contractors, and affiliates (the "Released Parties") from any and all liability, claims, demands, actions, damages, costs, or expenses (including legal fees) arising out of or in connection with your participation in the Activities.
3.2 This release applies to claims or damages caused by the negligence, breach of contract, or other fault of the Released Parties, except in cases of gross negligence, willful misconduct, or fraud.

4. Indemnity

4.1 You agree to indemnify and hold harmless the Released Parties from any and all claims, actions, damages, losses, liabilities, or expenses arising from or in connection with your participation in the Activities, including any third-party claims.
4.2 This indemnity applies whether the claim arises as a result of the Participant's own actions or the actions of others.

5. Medical Emergencies

5.1 In the event of a medical emergency, the Company may, at its discretion, contact emergency services and provide medical assistance to the Participant. You consent to such assistance being provided, and you agree to bear any costs or expenses associated with medical treatment or transportation.
5.2 You agree to immediately inform the Company of any medical conditions that may affect your ability to safely participate in the Activities.

6. General Terms

6.1 Age Requirement: You must be at least 18 years old to participate in the Activities. If you are under 18, you must gain written consent / or attend with an adult, parent or legal guardian is required for participation.
6.2 Behavioural Expectations: You agree to behave in a respectful and safe manner towards other participants, instructors, and staff. The Company reserves the right to remove any Participant from the Activities or premises if they display inappropriate, unsafe, or disruptive behaviour.
6.3 Amendments to Terms: The Company reserves the right to modify or update these Terms of Service at any time. Any changes will be communicated to you, and your continued participation in the Activities constitutes your acceptance of the revised terms.

7. Waiver of Rights

7.1 By agreeing to these Terms of Service, you waive any rights to bring legal action against the Company, its employees, or agents, except where such waiver is prohibited by law.
7.2 You acknowledge that this Agreement shall not be construed as a waiver of any other legal rights or remedies available to you under Australian law, except as explicitly set out herein.

8. Governing Law and Jurisdiction

8.1 This Agreement shall be governed by and construed in accordance with the laws of the State or Territory in Australia where the Company is located.
8.2 Any disputes arising from this Agreement will be resolved in the courts located in [State/Territory], and you consent to the exclusive jurisdiction of those courts.

9. Photo and Video Consent

9.1 You grant the Company permission to take photographs or video recordings during your participation in the Activities. These images or videos may be used for promotional, marketing, or educational purposes, including on the Company’s website, social media, or other advertising materials, unless you specifically opt out by notifying the Company in writing.

10. Acknowledgment of Understanding

10.1 By attending the Company's premises and participating in any Activities, you acknowledge that you have read, understood, and agree to abide by the terms and conditions of this Public Liability Policy and Terms of Service.
10.2 You further agree that you have had the opportunity to seek independent legal advice regarding this Agreement, and you voluntarily enter into it of your own free will.

Participant Agreement Waiver

I, the undersigned, acknowledge that I have read, understood, and agree to the terms & conditions set forth in this Public Liability Policy and Terms of Service prior to purchasing or reserving your ticket(s).