Terms and Conditions
PHOENIX RISING COLLECTIVE TRIBE EVENT TERMS AND CONDITIONS (GROUP SESSIONS)
Please carefully read these Event Terms and Conditions ("Terms and Conditions") before the Event. Your execution of these Terms and Conditions via this clickwrap evidences your consent to be governed by these Terms and Conditions.
Parties: You will be referred to throughout these Terms and Conditions as "you", "your" and/or "the Attendee". Phoenix Rising Collective Tribe ABN 86 394 721 150 will be referred to throughout these Terms and Conditions as "Phoenix Rising Collective".
Overview: The Terms and Conditions for this Phoenix Rising Collective Tribe Event include these Terms Event Description, the Medical Questionnaire and any other terms and conditions that appear the in the Phoenix Rising Collective website or are linked to the Breathwork Terms website and or the relevant Eventbrite Booking Platforms, including but not limited to the Eventbrite Ticketing Privacy Policy ('Additional Terms and Conditions").
Do not attend or participate in a Phoenix Rising Collective Tribe Event, or otherwise engage Phoenix Rising Collective Tribe, unless you have read these Terms and Conditions and agree they govern your Breathwork, your right to attend and participate in the Event.
1. Event Terms
1.1. Event Description and inclusions
1.1.1. The Event will be carried out as detailed in the Event Description on the Booking Platform.
1.1.2. You understand that the itinerary in the Event Description, or as provided to you at any time is subject to change as provided.
1.2. Tickets U
1.2.1. You will be provided with a ticket upon executing these Terms and Conditions.
1.2.2. Your Ticket is proof of purchase of the Event and must be presented at the time of admission.
1.2.3. 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 way.
1.2.4. Your Ticket is non-transferrable.
2. Conditions of entry
2.1.1. You acknowledge that your admission to an Event is subject to these Terms and Conditions.
2.1.2. You must present a valid form of identification to be admitted to the Event.
2.1.3. Phoenix Rising Collective Tribe 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.
2.1.4. If you arrive late, you may not be admitted until a suitable time in the Event.
2.1.5. 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 2.
3. Client obligations
3.1. By purchasing a Ticket to a Phoenix Rising Collective Tribe Event you agree and warrant that:
3.1.1. you are at least 18 years of age;
3.1.2. you have disclosed any relevant medical conditions to Phoenix Rising Collective Tribe which may impact your capacity to participate in the Event;
3.1.3. 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
3.1.4. you understand that it is not possible to guarantee that each participant will experience the same, or any, physical, emotional or Phoenix Risingual outcome as a result of participating in the Event.
4. Payment and fees
4.1. The specific Ticket Price for the Event, and what is included in that price, will be detailed in the Event Description.
4.2. The total amount of the Ticket Price must be paid at the time of booking.
4.3. 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 Platform.
4.4. You are responsible for all additional costs, including but not limited to, cost of equipment d and transportation to and from the Event.
5. Refunds & Credits
5.1. All Ticket sales are final, and no exchange, credit except in the case of Cancelled Events or Postponed for in Clause 6.
5.2. Any refund or credit issued will be your sole remedy for a Cancelled or Postponed Event, and Phoenix Rising Collective Tribe will have no further liability to you in respect of any Cancelled or Postponed Event, or any variation of an Event, for any reason.
5.3. 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 forfeited.
6. Cancelled, postponed and varied Events
6.1. Phoenix Rising Collective Tribe reserves the right to cancel, postpone or significantly vary an event due to situations affecting Phoenix Rising Collective Tribe, the venue or the participants, including Force Majeure Events.
6.2 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).
6.2.2 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 Phoenix Rising Collective Tribe event that is scheduled to occur within 12 months of the original date of the cancelled event.
6.3 Postponed events
6.3.1. 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 Phoenix Rising Collective Tribe Event that is scheduled to occur within 12 months of the original date of the Postponed Event.
6.3.2. 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 like new date for the
Postponed Event.
7. Intellectual property
7.1. You acknowledge and agree that:
7.1. any and all right; title, and interest, including IP Rights, in any Phoenix Rising Collective Tribe Material vest in Phoenix Rising Collective Tribe upon creation.
7.1.2. Phoenix Rising Materials owns and retains all IP Rights in all Phoenix Rising materials
7.1.3. Nothing in these Terms and Conditions grants you any IP Rights in Phoenix Rising Collective Tribe Materials.
7.2. Phoenix Rising Collective Tribe acknowledges and agrees that:
7.2.1. you own and retain all IP Rights in all Participant Materials; and
7.2.2. nothing in these Terms and Conditions grants Phoenix Rising Collective Tribe in any Participant Materials.
7.3. A party must not engage in any conduct which may challenge, damage or in that other party's materials (being Phoenix Rising Collective Tribe compromise the other party's IP Rights
Breathwork Materials or Participant Materials, as applicable).
8. Privacy
8.1. You acknowledge that information about you, including information provided to Phoenix Rising Collective Tribe on purchasing a ticket or attending an Event will be held by Phoenix Rising. THis information is collected by Phoenix Rising Collective Tribe for the purposes of hosting the Event.
8.2. Phoenix Rising Collective Tribe does not sell or deal in personal or customer information. Phoenix Rising Collective Tribe use your information in a general sense without reference may however to your name or other personally identifying information to create marketing statistics, or identify user demands to assist Phoenix Rising Collective Tribe in meeting customer needs. Phoenix Rising Collective Tribe may use the information that you provide to improve its website, events and general services.
8.3. Phoenix Rising Collective Tribe may disclose personal information in good faith and where Phoenix Rising Collective Tribe is required to do so:
8.3.1. where ordered by law or a court;
8.3.2. to enforce the terms of any Phoenix Rising Collective Tribe agreements;
8.3.3. to protect the rights, property of safety of Phoenix Rising Collective Tribe, its clients or third parties;
8.3.4. to banks or financial institutions with the purpose of preventing fraud as a proof of any transaction.
9. Confidentiality
9.1. 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.
9.2. 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 Party.
9.3. 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 does not disclose the information.
9.4. Confidential Information does not include information to the extent:
9.4.1. it is or becomes public without breach of these Terms and Conditions or otherwise through no fault of the Receiving Party;
9.4.2. the Receiving Party was lawfully and demonstrably in possession of the information prior to receiving it from the Disclosing Party; or 9.4.3. 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.
9.5. The Confidential Information of a party is the property of that party. 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
10.1. 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.
10.2. You irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, digitisation and/or re-release of the Released Media by legal reason or purpose, including but not limited products, other medium. education, course materials, video footage, sales, marketing, or any other medium
10.3. You understand that Phoenix Rising Collective Tribe 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.
10.4. You hereby release Phoenix Rising Collective Tribe 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 Media.
11. Incorporation of other terms
11.1. The Additional Terms and Conditions that appear on Phoenix Rising Collective Tribe's website, and any website related to a relevant Booking Platform, will govern your use of and participation in Phoenix Rising Collective Tribe Events, where the Additional Terms and Conditions appear.
11.2. 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.
11.3. Phoenix Rising Collective Tribe conditions reserves the right to request you to sign further applicable terms and conditions which you will not unreasonably refuse to do so.
12. Personal injury
12.1. You acknowledge that as a participant at a associated to all normal risks exposed
12.2. You further acknowledge and agree that due to the nature of the activity, it would be unreasonable for Phoenix Rising Collective Tribe 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 Phoenix Rising Collective Tribe 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 mission, breath of duty, breach of contract or breach of statutory duty on the part of Phoenix Rising Collective Tribe, its officers, suppliers, contractors, directors, employees or agents.
12.3. You authorise Phoenix Rising Collective Tribe, 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 Phoenix Rising Collective Tribe for.
13. Limitation of liability
13.1. To the maximum extent permitted by
13.1.1. Phoenix Rising Collective Tribe's liability for any breach, act or omission of Phoenix Rising Collective Tribe 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 Phoenix Rising Collective Tribe;
13.1.2. Phoenix Rising Collective Tribe excludes any liability for indirect, economic, special or consequential loss or damage; and
13.1.3.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 liability.
14. Indemnity
14.1. You indemnify Phoenix Rising Collective Tribe (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:
14.1.1. non-performance of these Terms and Conditions;
14.1.2 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;
14.1.3.a breach or default by you of your obligations (or any warranty) under these Terms and Conditions;
14.1.4.any infringement of the IP Rights of Phoenix Rising Collective Tribe, the IP Rights
or any infringement of of Third-Party Materials caused or agents, employees, contractors (other than Phoenix Rising contributed Breathwork), to by consultants you or your or officers:
14.1.5. damage to personal property; or
14.1.6.injuries suffered by you or any person working within or in
business in relation to the Events carried out under these Terms and affiliation with your Conditions.
15. No guarantees or warranties
15.1. 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 Event.
15.2. In particular, Phoenix Rising Collective Tribe 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, spiritual outcomes.
16. Competition law
16.1. Phoenix Rising Collective Tribe complies with Australian Consumer Law and provides all the Consumer Guarantees contained in AL Competition and Consumer Act 2010 (Cth) to the extent they are applicable. Where Phoenix Rising Collective Tribe guarantees which is implied by law into these Terms and conditions which cannot be lawfully excluded, then Phoenix Rising Collective Tribe relies on section 64A of the Competition and Consumer Act 2010 (Cth). Accordingly, Phoenix Rising Collective Tribe’s liability for any such breach shall be limited at Phoenix Rising’s option, as long as it is fair and reasonable to do so, to any one or more of the following:
16.1.1. 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
16.1.2. where there is a supply of services, to resupplying the services or payment of the cost of having the services resupplied.
17. Disputes
17.1. Either party may give a notice in writing to the other party stating the details of a
dispute between the parties ("Notice of Dispute").
17.2. 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 Dispute.
17.3. Nothing in this clause prevents a party from commencing proceedings to seek urgent
interlocutory relief.
17.4. Despite the existence of a dispute, the parties must continue to perform their
under these Terms and Conditions obligations.
18. Right to sub-contract the Event
18.1. Phoenix Rising Collective Tribe may appoint contractors or agents to facilitate all or part of the Event.
19. Assignment novate these Terms and Conditions or a right or obligation
19.1. Neither party may assign or under these Terms and Conditions without the prior written consent of the other party.
20. Variation
20.1. Any variation, amendment or modification of these Terms and Conditions will not be between the parties in writing (including electronic effective unless agreed communication).
20.2. All changes are effective from the date they are made and your continued participation variation of the Terms in Phoenix Rising Collective Tribe Events will constitute your acceptance of any changes to these and Conditions. It is your responsibility to ensure you are aware of these Terms and Conditions.
21. Severability
21.1. 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 make the provision will be without invalidating the severed from these Terms and Conditions remaining provisions.
22. Notices
22.1. 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 maz@thefitnessfreedomflow.com or as advised from time-to-time hereafter in writing by a party to the other.
23. Counterparts
23.1. 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
24.1. 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
25.1. 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
26.1. 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.
26.2. You must do such further acts and things and execute such further documents as may be necessary in the reasonable opinion of Phoenix Rising Collective Tribe to give effect or better effect to the provisions of these Terms and Conditions.
27. Definitions
27.1. 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 Questionnaire and any other terms and conditions that appear in or are linked to the Phoenix Rising Collective Tribe website or relevant Booking Platforms, including but not limited to the Eventbrite Ticketing Terms and the Eventbrite Privacy Policy.
Booking Platform means the Phoenix Rising Collective Tribe Website (www.mazdelacerna.com), Eventbrite (www.Eventbrite.com/au) or any other booking platform from which you can purchase a Ticket to a Phoenix Rising Collective Tribe Event.
Confidential Information includes the Terms and Conditions (but not its existence) and
any information provided by a party to the other which is, or can inferred to have been, provided in commercial confidence or of a confidential nature, whether or not expressly market “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 Party disclosing Confidential Information.
Event means the event, Retreat or experience hosted by Phoenix Rising Collective Tribe, 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.
Facilitator Training Sessions means the event, retreat or experience hosted by Phoenix Rising Collective Tribe which offers one-on-one training and education by to participants so that they may become Phoenix Rising Collective Tribe facilitators.
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 and/or any other event, cause or circumstance that is beyond Phoenix Rising Collective Tribe disaster, Breathworks reasonable control.
Group Session means the event, retreat or experience hosted by Phoenix Rising Collective Tribe, available to members of the general public to attend to participate in breathwork and sound healing, 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 Phoenix Rising Collective Tribe 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 not limited to, all photographs, videos, sound other media currently known or hereinafter Phoenix Rising likeness before and during the Event by Phoenix Rising Collective Tribe's employees, affiliates, or your and representatives or agents.
Phoenix Rising Collective Tribe materials means any material, including any documents, presentations, leaflets or brochures provided by Phoenix Rising Collective Tribe as well as any derivative work created or developed in the performance of these Terms and Conditions by Phoenix Rising Collective Tribe 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 Phoenix Rising Collective Tribe or you.
Ticket means a ticket to a Phoenix Rising Collective Tribe Event including:
physical tickets received via email or collected on site; and
e-tickets, print-at-home or email confirmations serving as tickets to gain entry Ticket Price means the amount payable by you to Phoenix Rising Collective Tribe to attend the Event, as detailed on the Event Description.
28. Interpretation
28.1. Details to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulation issues under the legislation;
28.2. 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;
28.3. Grammatical forms of defined words or phrases have corresponding meanings;
28.4. Parties must perform their obligations on the dates and times fixed to the capital city of the Jurisdiction;
28.5. Details to an amount of money refers to the amount in the lawful currency of the Commonwealth of Australia;
28.6. 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;
28.7. Details to a party are intended to bind their executors, administrators and permitted transferees;
28.8. Obligations under these Terms and Conditions affecting more than one party bind them jointly and each of them severally; and
28.9. 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.
CLICKWRAP AGREEMENT
By clicking agree and continue, you are hereby agreeing to the Phoenix Rising Collective Tribe Terms and Conditions, the Additional Terms and Conditions and any other terms and conditions that appear in or are linked to the Phoenix Rising Collective Tribe website or Events.
Yes, I agree to these terms and conditions in full.