Last Updated on 16th April 2024.

These are the official Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for​ Wabi-Sabi Well located in Byron Bay, NSW, herein known and referenced as “Company,” “Our,” “We,” and “Us.”

Our email is [email protected].  “You” and “Your” refers to users of this Company’s website, communications, offerings, services and related materials, herein known as “Offering.”

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​of​ ​Our​ ​products,​ ​including​ ​online​ ​courses.

INDEMNIFICATION,​ ​LIMITATION​ ​OF​ ​LIABILITY,​ ​AND​ ​RELEASE​ ​OF​ ​CLAIMS

WAIVER AND RELEASE OF LIABILITY

You hereby affirm that You have voluntarily enrolled in this Offering that includes athletic activity, meditation and breathwork activities. You understand that You are under no obligation of any kind to participate in this Offering and You voluntarily enter into this Waiver and Release of Liability.

In consideration of being permitted to participate in any way in the Offering, as well as any related events or activities with Wabi-Sabi Well, (hereinafter collectively “the Activities”) You, the undersigned, hereby acknowledge, understand and expressly agree as to the following:

You understand that the Activities, athletic activity, breathwork and meditation will involve a diverse range of movements that will significantly raise Your heart rate, strong conscious connected breathing (both mouth and nose breathing) and guided meditation. You understand that athletic activity, breathwork and meditation can involve dramatic experiences accompanied by strong emotional and physical responses or releases.

Breathwork, in particular, can result in intense physical and emotional release. Therefore, it is not advised for persons with a history of cardiovascular disease, including angina or heart attack, high blood pressure, glaucoma, retinal detachment, osteoporosis, significant recent physical injuries or surgery.

Breathwork is not advised for persons with severe mental illness or seizure disorders or for persons using major medications. It is also unsuitable for anyone with a personal or family history of aneurysms. Pregnant women are advised against practicing Breathwork without first consulting and getting approval from their primary care physician. Persons with asthma should bring their inhaler and consult with their primary care physician and the Breathwork class facilitator.

(1) On behalf of Yourself, Your spouse, Your minor children, wards, relatives or other persons under Your care, Your parents, next of kin, Your heirs, assigns, agents, personal representatives and estate (hereinafter collectively “Releasing Parties”), You hereby release, indemnify and hold harmless Brie-Ann Boal and her employees, agents, representatives, team members, as well as its owners, principals, employees, agents and representatives (hereafter collectively “Brie-Ann Boal Releasees”), with respect to any and all injury, whether physical, mental, psychological or emotional, or any loss or damage to person and property, of any kind, whether arising from the negligence or Brie-Ann Boal releasees or otherwise, to the fullest extent permitted by law.

(2) To the fullest extent allowed by law, You agree to defend, indemnify, and hold harmless BRIE-ANN BOAL RELEASEES for all costs and expenses, including but not limited to all legal fees incurred by BRIE-ANN BOAL RELEASEES in defending any claim brought against any or all of BRIE-ANN BOAL RELEASEES by any of the RELEASING PARTIES and further agree to pay the full amount of any judgment, award or verdict that might be entered against any of BRIE-ANN BOAL RELEASEES and/or in favour of any or all of the RELEASING PARTIES.

(3) You understand that there exists a risk of physical, mental, psychological or emotional injury or death from the Activities, and although personal discipline or compliance with the guidance of BRIE-ANN BOAL RELEASEES may reduce this risk, the risk of such injury nevertheless does exist.

(4) You are fully aware that the Activities could be hazardous resulting in injury or death. You fully acknowledge that You are voluntarily participating in the Activities with knowledge of the danger involved, and You KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.

(5) You agree to comply with the stated and customary guidance and norms of participation in the Activities. If, however, You observe any unusual hazard during Your presence or participation, You will immediately remove Yourself from participation in the Activities and bring such to the attention of the nearest official forthwith.

(6) You know, understand and acknowledge that BRIE-ANN BOAL RELEASEES are NOT physicians, psychologists, or healthcare professionals, and the Activities being offered are NOT intended to treat or diagnose, and does NOT include treatment for or diagnosis of, any illnesses, disease or disorders, whether physical, mental, psychological or emotional.

(7) You promise, represent and certify that You are in good health physically, mentally, psychologically and emotionally, and fully understand and acknowledge that if You were not in such good health, You would not be permitted to partake in the Activities. As such, Your promise, representation, and certification that You are in good health in each of the above-enumerated ways constitutes a material term upon which BRIE-ANN BOAL RELEASEES are relying in permitting You to partake in the Activities.

(8) If You are pregnant or become pregnant or are post-natal, You will not participate in the Activities without first discussing the risks with Your doctor, and You will only participate in the Activities if You have Your doctor’s full approval. You will not hold the RELEASED PARTIES responsible for any injuries to Your pregnancy caused in part or in whole by Your failure to follow Your doctor’s recommendation.

(9) You hereby forever unconditionally and irrevocably waive and release any and all claims You now have or may in the future have against BRIE-ANN BOAL RELEASEES with respect to any injury, loss or damage You suffer as a result of participating in the Activities or any of the future Offering and/or Activities in which You may participate. You understand and agree that this Release of Liability, Waiver and Assumption of Risk Agreement (hereinafter “Agreement”) extends to and includes any and all damages, injuries, and claims which You do not anticipate or know to exist and to any and all damages, injuries, or claims which may develop in the future, and You hereby expressly waive and relinquish any and all rights under any law or statute to the contrary.

(10) After being fully informed of the above, You, on Your own behalf, and, to the fullest extent allowed by law, on behalf of all RELEASING PARTIES expressly agree and promise to accept and assume all of the risks inherent to and existing in connection with the Offering and Activities; and You voluntarily elect to participate in the Offering and Activities.

(11) Although this Agreement fully and completely releases BRIE-ANN BOAL RELEASEES from any and all liability of any kind and of any nature in any way connected to, arising from, or relating to the Offering and Activities at issue, You further acknowledge and agree that to the extent that You violate the plain terms of this Agreement by filing a claim, suit or other action against any of the WABI-SABI WELL AND BRIE-ANN BOAL RELEASES, any such claim, suit or other action shall be filed solely and exclusively in Australia, with the initiating party bearing the fees and costs associated with arbitration, and with the prevailing party entitled to recover reasonable attorneys’ fees and costs associated with the arbitration. Any legal or equitable claim that may arise from participation in the above shall be resolved under Australian law.

(12) I acknowledge, understand, and agree that this Agreement, and all of the releases, terms and conditions contained herein, shall apply with equal force and govern any future Activities in which You partake with WABI-SABI WELL or any of the other BRIE-ANN BOAL RELEASES, thus obviating the need for You to sign this Agreement each and every time You partake in the Activities.

(13) You understand and agree that BRIE-ANN BOAL RELEASEES are not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

(14) To the extent that any portion, clause or aspect of this agreement is found to be invalid, void or unenforceable, all other portions, clauses or aspects of this agreement shall remain in full force and effect.

(15) You have read this release of liability and assumption of risk agreement, fully understand its terms and I have either consulted an attorney or, at Your sole discretion, elected not to do so.

(16) You understand that You are providing this release as consideration, in part, for participation in the Activities. As such, You understand that if You wish to alter or negotiate the terms of this Agreement, You may do so by speaking with one of BRIE-ANN BOAL RELEASEES.

(17) You understand that You have given up substantial rights by signing this release of liability and assumption of risk agreement and sign it freely and voluntarily without any inducement.

A/V RELEASE

You hereby grant permission to Wabi-Sabi Well, the rights of Your image in video or still, and of the likeness and sound of Your voice as recorded on audio or video. You understand that Your image may be edited, copied, exhibited, published or distributed, and waive the right to inspect or approve the finished product wherein in Your likeness appears. Additionally, You waive any right to royalties or other compensation arising or related to the use of Your image or recording. You also understand that this material may be used in diverse educational settings or social media platforms within an unrestricted geographic area.

This Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

You acknowledge that You have thoroughly read this Waiver and Release of Liability in its entirety and fully understand it.

By clicking the button “I have read and agree to terms and conditions and release of liability”, You are waiving certain rights You and/or Your successors might have to bring legal action or assert a claim against Brie-Ann Boal and/or any assigns or beneficiaries.

INDEMNIFICATION

​​​You ​​agree​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ Our​​ Company, ​​as well​ ​as​ ​any​ ​of​ ​Our​ ​affiliates,​ ​agents,​ ​contractors,​ ​officers,​ ​directors,​ ​shareholders, employees,​ ​joint​ ​venture​ ​partners,​ ​successors,​ ​transferees,​ ​assignees,​ ​and​ ​licensees,​ ​as applicable,​ ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ ​causes​ ​of​ ​action,​ ​damages,​ ​liabilities, costs​, ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to​ ​Our Offering(s)​ .

LIMITATION​ ​OF​ ​LIABILITY

​​​We​ ​will​ ​not​ ​be​ ​held​ ​responsible​ ​or​ ​liable​ ​in​ ​any​ ​way​ ​for​ ​the information,​ ​products,​ ​or​ ​materials​ ​that​ ​You​ ​request​ ​or​ ​receive​ ​through​ ​or​ ​in​ ​relation​ ​to​ ​Our Offering(s).​ ​We​ ​do​ ​not​ ​assume​ ​liability​ ​for​ ​any​ ​third​ ​party​ ​conduct,​ ​accidents,​ ​delays,​ ​harm, or​ ​other​ ​detrimental​ ​or​ ​negative​ ​outcomes​ ​as​ ​a​ ​result​ ​of​ ​Your​ ​access​ ​of​ ​Our​ ​Offering(s) and​ ​related​ ​material(s).

GENERAL PROVISIONS

This website is owned and operated by Brie-Ann Boal.

You must be at least eighteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

TERMS​ ​OF​ ​SITE & ​PURCHASER​ ​AGREEMENT

All products ​are owned and provided by Company. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at the contact details listed at the top of this agreement,​ and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

YOUR​ ​PRODUCT​ ​OR​ ​COURSE​ ​USE​ ​AND​ ​CONSENT

When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least 18 years old or of the age of majority in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Company, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.

YOUR​ ​MATERIALS​ ​AND​ ​CONTRIBUTIONS

​By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.

INTELLECTUAL PROPERTY

LIMITED​ ​LICENSE

Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Company.

To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.

You​ ​may:

• Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member).
• Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member).
• Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, using © with our Company name as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

You​ ​may​ ​not:

• Re-sell or trade Your access to the Offering.
• Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
• Reprint or republish any of the Offering, in part or in whole.
• Distribute any of the materials contained in the Offering or related materials and/or            communications as Your own, otherwise known as stealing.
• Reproduce and tweak any part or whole of the Offering for distribution as Your own work.
• Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
• Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

REQUEST​ ​FOR​ ​PERMISSION​ ​TO​ ​USE​ ​CONTENT ​

If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us.

CIVIL​ ​AND​ ​CRIMINAL​ ​PENALTIES

Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Our location​ by opting into or purchasing any Offering or accessing its related communications and/or materials.

SECURITY​ ​AND​ ​ASSUMPTION​ ​OF​ ​RISK

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. To the best of Our abilities, We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or other third party payment processors, as selected by You at checkout. ​By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

ASSUMPTION​ ​OF​ ​RISK

​By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us.

EARNINGS​ ​DISCLAIMER

​You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).

GENERAL​ ​DISCLAIMER

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.

THIRD-​PARTY​ ​DISCLAIMER

​You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

WARRANTIES​ ​DISCLAIMER

​WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

ERRORS​ ​AND​ ​OMISSIONS

​We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).

FINANCIAL​ ​CONSIDERATIONS

PURCHASES AND PAYMENT

You authorize Us to charge your chosen payment provider for the total amount stated on Your checkout cart screen. You agree to abide by the terms and conditions of Your card issuer agreement and any other applicable third party agreement that may affect Your purchase with Us. You agree to provide current, accurate and complete details as requested to process your payment. If necessary, You agree to update your payment information in a timely manner so We can complete any outstanding orders and/or contact You as needed.

We reserve the right to change our prices for new purchases at any time.

You agree to pay any applicable shipping and/or handling fees as stated on your checkout cart screen.

ERRORS OR MISTAKES IN PRICING

We reserve the right to correct any errors or mistakes in pricing, even if We have already received payment. Any such changes will be conveyed in writing via email to notify You of Our correction and to allow You to take the most appropriate action in the event of such a correction or mistake.

REFUNDS AND RETURN POLICY

Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.

PROMOTIONAL PRICING DEVICES AND PRICE ADJUSTMENTS

We are not able to accommodate a price adjustment after Your purchase.

NO RESELLING OR DISTRIBUTION OF OUR PRODUCTS

We expressly prohibit orders that, in Our sole discretion, appear to be placed in an attempt to resell Our products. We expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to Our site in any lawful way possible if we discover your prohibited use(s).

DISPUTE​ ​RESOLUTION

​If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

NON-DISPARAGEMENT

​If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.

ENTIRE AGREEMENT

Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

LAW AND JURISDICTION

These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with Our country’s law. Any dispute arising out of or related to the information contained herein is subject to adjudication in Our company’s local courts.

CONSENT

By using Our website, You hereby consent to Our Terms and Conditions of Use and Waiver and Liability Release for participation in services as well as Our Privacy Policy.

If You require any more information or have any questions about Our Terms and Conditions of Use, Waiver and Liability Release Our or Privacy Policy, please feel free to contact Us by email.

ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.