Policies

Privacy Policy, Terms and Conditions & Waiver

Privacy Policy

Effective Date: 11 March 2025

At Breathe with Ash, we value the privacy of our clients' information and data. We are committed to safeguarding your privacy in accordance with Australian Privacy Laws (Privacy Act 1988 (Cth)), the Australian Privacy Principles (APPs), and, where applicable, the EU General Data Protection Regulation (GDPR). We also comply with any replacement legislation or regulations governing the use, storage, or transmission of personal data.

For further information or if you have any questions or concerns, please email [email protected].

WHO ARE WE?

We are Breathe with Ash (ABN 33 746 341 442), an Individual/Sole Trader business run by Ashmeet Kaur Sahota, based in Victoria, Australia.

This Privacy Policy applies to the services we provide, including our website www.breathewithash.com (Site), the Breathe with Ash App (App), and our social media channels. It explains how we collect, hold, use and disclose date to carry out the services we provide and constitutes part our Terms and Conditions.

This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Instagram, that information is governed by the privacy policies on those websites and is not governed by this Privacy Policy.

ROLE IN YOUR PRIVACY

Whether you are a client, customer, or visitor on our Site, this Privacy Policy applies to you.

OUR RESPONSIBILITIES

As the provider of services on this Site, the App, and through third-party platforms, we determine how and why your data is processed. We offer services directly on our Site, App, and through third-party providers such as Eventbrite and Humanitix. We are committed to protecting your privacy and want you to understand exactly what information is collected and how it is used.

YOUR RESPONSIBILITIES

Please read this Privacy Policy and our Terms & Conditions.

If you provide us with personal data about a third party, you confirm that you have the right to share that data with us and authorise us to process it in accordance with this Privacy Policy.

WHEN AND HOW WE COLLECT DATA

We collect data as soon as you visit our Site, use our App, or interact with third-party platforms such as Eventbrite and Humanitix. You may provide data directly, such as by completing a form, or we may collect data automatically. We have set out some examples below of how we may collect data from you:

when you submit an online form;
when you subscribe to our newsletter;
when you sign up for one of our services;
when you complete a waiver form;
when you provide sensitive health information, such as medical conditions or physical limitations, for participation in these services;
when you book or register for events through third-party platforms like Eventbrite or Humanitix; and
when you use our App or interact with features within it.

TYPES OF DATA WE MAY COLLECT

We may collect various types of data, including, but not limited to:

contact details (name, address, email, phone);
booking details for events and group sessions processed by Eventbrite, Humanitix, or other platforms;
payment information (bank details, when making a purchase);
data regarding the services or products you purchase;
sensitive health-related information (e.g., medical conditions, physical restrictions, or mental health status) when required for wellness services;
identification data (IP address, login, browser type, operating system, time zone, geolocation, etc.);
data on how you use our Site (clicks, views, and other activities);
feedback or satisfaction data about our Site or services;
attendance data from workshops, seminars, or events; and
data relevant to the services we provide to you.

HOW AND WHY WE USE YOUR DATA

Under data laws, we are only allowed to use your data for specific reasons and where we have the legal basis to do so. We will use your data for the purposes it was collected and related purposes include:

to run our Site;
provide you with information, services, or products;
notify you about changes to our services;
improve our offerings based on user feedback;
detect, prevent, and address technical issues;
provide customer support;
track your registration and participation in events and group sessions;
send marketing communications (with your consent); and
track your purchase history and participation in services.
We may disclose your data for the purposes it was collected and also:
as required by law subject to our obligations;
with your consent;
within our business; and
in order to sell our business (if we were to ever sell, we may need to transfer data held to the new owner).

WHAT ARE YOUR CHOICES?

a. Don’t provide us with your personal data

You can choose not to provide us with your personal data. However, this means we will be unable to process your bookings or provide you with our services, as our Site, App, and third-party platforms (such as Eventbrite or Humanitix) require certain information to process a booking. You may still browse our Site and use our App without providing personal data, but you won't be able to access certain services or features.

b. Turning off cookies

Our Site, App, and third-party platforms use cookies and similar technologies to provide certain functionality. You can turn off cookies by activating the setting in your browser that allows you to do this. You can also delete cookies through your browser settings. If you do decide to turn off cookies, you can continue to use the Site and App, but some services or features may not work as intended, including those provided through third-party platforms.

c. Don’t want marketing?

We will always let you know before we collect any data from you what the intended use is and if we intend to use it for marketing and if third parties are involved, we will obtain your consent (which you can withdraw at any time). You can change your mind about marketing material by opting out by completing the Contact Us form on our Contact page, emailing us at [email protected] or unsubscribing directly from the email.

d. What are your rights?

You can exercise your rights at any time by contacting us via our Site or email at [email protected].

YOU CAN ACCESS INFORMATION WE HOLD ABOUT YOU

We will provide you with the information within 30 days of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality). We will tell you if we cannot comply with your request and why.

INACCURATE INFORMATION

You can contact us to ask us to correct any information we hold about you, that you believe is inaccurate.

OBJECTIONS TO USING DATA FOR PROFILING OR AUTOMATED DECISIONS

We may use your data to determine what services are relevant to you (e.g. tailoring our emails based on your behaviour). Otherwise, the only circumstances in which we will use this data is to provide our services to you.

HOW SECURE IS THE DATA COLLECTED

We realise that our customers trust us to protect their personal information. We take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your personal information.

WHERE DO WE STORE DATA

We use service providers based around the world. Consequently, your data may be processed in countries outside of Australia. If we transfer personal data outside of Australia, we will ensure that your privacy rights are adequately protected by ensuring these service providers have the same or similar measures in place to protect data shared.

HOW LONG DO WE STORE DATA

We will keep your data for as long as we need it, and this period will also depend on your interactions with us. If you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing and tax purposes. When we no longer need to keep your information, we will delete it.

THIRD PARTIES WHO PROCESS DATA

We share data with third parties in the following circumstances:

other companies in our group of companies, as necessary to operate our Site;
our suppliers and service providers working for us, e.g. payment processors;
our professional and legal advisors;
third parties engaged in fraud prevention and detection;
law enforcement or other government authorities; and
where we have your consent to do so or otherwise where we are legally permitted to do so.

PAYMENT SECURITY

Breathe with Ash processes payments via our Site, App, and third-party platforms, including Eventbrite and Humanitix. Each of the third-party platforms has its own payment processing policies and security measures. We encourage you to review their privacy policies before making a booking.

Our Site is hosted by Kajabi Pty Ltd, which provides the eCommerce platform that enables us to sell our services. Your data is securely stored through Kajabi's data storage systems and databases, protected by a firewall.

If you choose a direct payment gateway to complete your purchase, Kajabi will store your credit card data, which is encrypted in accordance with the Payment Card Industry Data Security Standard (PCI-DSS). Your transaction data is stored only as long as necessary to complete the purchase, after which it is deleted.

All direct payment gateways comply with PCI-DSS standards, managed by the PCI Security Standards Council, which includes major brands such as Visa, Mastercard, and Discover. These standards ensure the secure handling of credit card information by our store and its service providers. For more details, you may wish to review Kajabi’s Terms of Service or Privacy Policy.

AGE OF CONSENT

By using this Site and our App, you confirm that you are at least the age of majority in your State or Territory of residence. Our Site and App are not intended for use by individuals under the age of majority, and we do not knowingly collect or process personal data from anyone under this age.

DATA SECURITY

We take reasonable measures to protect your data, using industry-standard physical, electronic, and procedural safeguards. However, no transmission of data over the internet is entirely secure, and we cannot guarantee absolute security.

UPDATES TO THIS PRIVACY POLICY

We may update this Privacy Policy to reflect changes in our practices or legal obligations. The most recent version will always be posted on our website, and we will notify you of any significant changes.

By engaging with our services and using our website, you consent to this Privacy Policy.

If you have any concerns or questions, please contact us or email [email protected].

Terms and Conditions

Last Updated: 11 March 2025

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE, APP OR BOOKING SERVICES

This page includes the following important terms – Terms and Conditions and Privacy Policy.

These are the Terms and Conditions (Terms) for use of this website being www.breathewithash.com (Site), the Breathe with Ash App (App), and our social media channels.

This Site is the website of Breathe with Ash (ABN 33 746 341 442), an Individual/Sole Trader business run by Ashmeet Kaur Sahota, based in Victoria, Australia.

Please take the time to read the terms of use that are applicable to the use of this Site, our App and the content made available to you. These Terms together with our Privacy Policy are very important as they apply to all Site visitors, clients, customers, and all other users of the Site (“user”, “you” and “your”).

We offer services directly on our Site, App and through third-party providers such as Eventbrite and Humanitix.

GOVERNING LAW AND JURISDICTION

By using our Site and App, you accept these Terms in full. If you use an online form or otherwise contact us through the Site or App, you expressly agree to these Terms. However, bookings are made externally through Eventbrite and Humanitix and are subject to their own respective Terms and Conditions.

Our Site and App is accessible to anyone, meaning they may be accessed throughout Australia and overseas. We make no representation that our Site or App complies with the laws (including Intellectual Property laws) of any country outside Australia. If you access our Site or App from outside of Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site or App.

All Terms shall be construed in accordance with and governed by the laws of the State of Victoria, Australia. In the event of any dispute, we encourage you to contact us initially so that both parties can work in good faith to resolve the issue as quickly, cost-effectively, and efficiently as possible. If a resolution cannot be reached, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, regardless of location, including services provided online or internationally.

CONSENT TO SITE TERMS OF USE

By accessing, viewing, or using our Site, App, social media channels, participating in a session, or making a booking through Eventbrite or Humanitix, you are taken to accept these Terms.

By using the Site, App or booking through an external platform, you warrant that you:

a. are over the age of majority in your State or Territory of residence and have the legal capacity to enter into a legally binding contract;

b. have read and accepted these Terms; and

c. will comply with these Terms.

By remaining on this Site or our App and continuing to use it, you are deemed to accept any modifications or amendments to these Terms.

If you are uncertain about the Terms or anything else on our Site or App, please contact us before proceeding.

BREATHE WITH ASH APP

Breathe with Ash offers its services through our mobile app, available for use on Kajabi Pty Ltd (Kajabi). By using the app, you agree to these terms.

The App is fully integrated with our website, offering a cohesive and streamlined platform for booking, session management, and accessing updates. You may also be required to create an account within the App to fully utilise the services, including personalised content, notifications, and booking history.

We strive to ensure that our App provides a smooth user experience; however, we are not responsible for any issues arising from third-party services, such as Kajabi platform accessibility, device compatibility, or internet connectivity issues. By using the App, you consent to receive electronic communications related to our services, including promotional materials, event updates, and other relevant information, which can be managed or unsubscribed from within the App.

BOOKINGS AND THIRD-PARTY PLATFORMS

Breathe with Ash offers services directly on our Site, App, and through third-party platforms, such as Eventbrite and Humanitix. When you make a booking, you are subject to their Terms and Conditions and Privacy Policies. We do not control the policies or practices of these third-party platforms and encourage you to review their terms before booking.

NOT-EXCLUDABLE RIGHTS

For the purposes of these Terms, Non-Excludable Rights means any rights you may have under any applicable law (including the Australian Consumer Law) that cannot be excluded, restricted, or modified by agreement of the parties.

ASSUMPTION OF RISK

You understand that participating in breathwork, sound healing, and ice baths involves inherent risks, both known and unknown. These risks include but are not limited to:

Breathwork Risks

Hyperventilation or breath-holding– This may lead to dizziness, light-headedness, tingling sensations, or fainting;
Sudden changes in blood pressure and heart rate– These changes could result in physical discomfort or other complications, especially for those with cardiovascular conditions;
Emotional release or energetic shifts– This could evoke intense feelings, memories, or past trauma, and may be particularly challenging for individuals with a history of psychiatric conditions such as anxiety, depression, PTSD, bipolar disorder, schizophrenia, or other mental health disorders;
Potential adverse reactions– Including anxiety, light-headedness, or dizziness, which could be exacerbated by pre-existing mental health conditions;
Physical strain or muscle tension– This may occur due to intense breathing techniques or prolonged postures; and
Altered states of consciousness– These may affect coordination, awareness, or perception, potentially leading to disorientation or an increased risk of accidental injury.

Sound Healing Risks

Exposure to sound frequencies - This may impact individuals with hearing issues or those with pacemakers or other medical devices;
Sensitivity to certain frequencies – This may cause discomfort, dizziness, or ear-related issues. If you have a pacemaker, hearing aids, or any electrical medical devices, you must consult your healthcare provider before engaging in sound healing; and
Energetic shifts or emotional release - The possibility of energetic shifts or emotional release could lead to unexpected emotional reactions or changes in mental state, particularly for individuals with psychiatric conditions or unresolved past traumas.

Ice Bath Risks

Sudden exposure to cold temperatures - This can lead to shock, hypothermia, or frostbite if precautions are not properly followed;
Decreased circulation, muscle cramps, or numbness - Especially for individuals with poor circulation, cardiovascular issues, or other underlying health conditions;
Increased heart rate and blood pressure - Cold immersion may cause an increase in heart rate and blood pressure, posing risks for those with pre-existing heart conditions;
Exacerbation of circulatory issues - Prolonged exposure to cold could worsen conditions like Raynaud’s disease or other circulatory issues; and
Stress responses from cold immersion - For individuals with a history of trauma (physical or emotional), cold immersion may trigger stress responses or increase feelings of discomfort, fear, or distress.

Breathwork, Sound Healing and Ice Bath Contraindications

Contraindications refer to specific medical conditions or factors that may make participation in breathwork, sound healing, or ice bath sessions inadvisable due to potential health risks. These practices may place physical and psychological stress on the body, potentially worsening underlying conditions or causing unexpected complications.

Contraindications include, but are not limited to:

Pregnancy;

Detached retina;
Glaucoma;
Aneurysm in the brain or abdomen;
Uncontrolled thyroid conditions and diabetes;
Asthma (participants with asthma should bring an inhaler);
Epilepsy or seizure disorders;
Severe cardiovascular issues (including arrhythmias and pacemakers);
Unmanaged high or low blood pressure;
Recent surgeries or open wounds;
Significant mental health conditions (e.g., schizophrenia, bipolar disorder, or extreme anxiety);
A history of fainting or seizures;
Conditions that could be exacerbated by deep breathing, extreme temperatures, or intense emotional experiences;
Raynaud's disease or poor circulation (for ice baths);
Hearing issues or pacemakers (for sound healing);
Cold sensitivity or a history of hypothermia (for ice baths);
Respiratory conditions (for ice baths or breathwork);
A history of emotional trauma or psychiatric conditions that could be triggered by energetic shifts (for sound healing); and
Cold exposure sensitivity (for ice baths).

If you have any health concerns or medical conditions, it is strongly advised that you seek clearance from your healthcare provider before engaging in breathwork, sound healing, or ice bath sessions.

General Health and Safety Risks

Heightened sensory perception: After engaging in breathwork, sound healing, or ice baths, your sensory perception may be heightened, which could increase sensitivity to environments such as crowded places, shopping centres, concerts, or other high-energy spaces, potentially leading to increased stress or discomfort.

Altered state of consciousness: These activities can alter your state of consciousness, which may lead to intense emotional or physical reactions.

By voluntarily participating in these activities, you acknowledge and accept the risks involved, and you understand that you are participating at your own risk.

ACKNOWLEDGMENT OF VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK

You also acknowledge that Breathe with Ash instructors are not medical professionals and that any guidance provided is not medical advice. If you have any concerns about your ability to participate safely, particularly if you have pre-existing health conditions, you are encouraged to consult with your healthcare provider. Participation is entirely at your own discretion, and by engaging in these activities, you release Breathe with Ash and its instructors from any liability, except where such liability arises from gross negligence or misconduct, as permitted under Australian law.

RELEASE OF LIABILITY

In consideration for being permitted to participate in breathwork, sound healing, ice baths and guided experiences, you hereby waive, release, and discharge Breathe with Ash from any and all claims, demands, actions, causes of action, liabilities, costs, and expenses, including legal fees, arising out of or in relation to any loss, damage, injury, or death that may occur during or as a result of your participation. To the fullest extent permissible at law, you hereby waive and release on behalf of any agent, assigns, executor, trustee, beneficiary, heir, or other party and discharge Breathe with Ash as described above. You agree to indemnify and hold harmless Breathe with Ash against any and all claims or liabilities arising out of your actions or conduct while participating in the activities organised by Breathe with Ash.

MEDICAL DISCLOSURE AND ASSESSMENT

Prior to participating in any breathwork, sound healing or ice bath activity, you certify that you are in good physical and mental health and you will disclose all relevant medical information to Breathe with Ash when you complete your Waiver. You understand that it is your responsibility to undergo appropriate medical checks, assessments, and consultations with a qualified healthcare professional prior to participating in any activity or session organised by Breathe with Ash.

You further acknowledge that when you answer “YES” to any question in the Waiver you must provide Breathe with Ash with evidence of medical fitness relevant to the positive medical disclosure from a qualified healthcare professional provided in the preceding six (6) months to your participation in any activity or session.

You understand that if you fail to disclose a condition or provide the required evidence or if any medical condition or risk factor is identified during the assessments that may compromise your safety or the safety of others, Breathe with Ash reserves the right to deny your participation in any activity or session, notwithstanding the provision of any evidence of medical fitness provided by a healthcare professional at its full and sole discretion. You acknowledge this is for your own well-being and safety and for the safety of others participating in the activity or session.

HEALTH INFORMATION

You understand that ensuring the health and safety of participants in Breathe with Ash is of utmost importance to Breathe with Ash. In order to implement appropriate health and safety measures, you hereby consent to the sharing of your health information disclosed in your Waiver to instructors and authorised personnel. This sharing of information will be done in accordance with the Australian Privacy Principles and Privacy Act 1998 (Cth), which govern the collection, use, disclosure of personal and sensitive information.

You acknowledge that the sharing of your health information is necessary to assess your suitability for participation in our services. You understand that this information will be treated with the utmost confidentiality and will only be used for the purposes of ensuring your health and safety during the activities.

You further acknowledge that Breathe with Ash will take reasonable measures to protect the privacy and security of your personal health information in accordance with applicable privacy laws and regulations.

MEDICAL ADVICE

You acknowledge that any advice provided by Breathe with Ash is purely from an alternate holistic health service perspective and should not be taken as professional medical advice. Such advice may include but is not limited to nutrition, scientific concepts of the body and breathwork, breathwork techniques, exercises and physical fitness, and it is merely intended to be for educational and information purposes only. Breathe with Ash is not a medical institution nor are its instructors and authorised personnel medically educated or trained. We recommend consulting your own medical professional for healthcare related diagnosis, treatment and advice.

REQUIREMENT OF INSURANCE

You acknowledge that participating in our services involves certain risks and hazards. While Breathe with Ash itself maintains insurance coverage for the activities it engages in, you understand and agree that it is your responsibility to obtain and maintain your own personal insurance coverage that provides adequate protection against any personal injury, property damage, or other losses that may occur during your participation in the occasion that Breathe with Ash insurers do not accept any claim you make.

You confirm that you will obtain your own insurance coverage and will maintain it for the duration of your participation. You understand that Breathe with Ash will not be responsible for any costs or expenses arising from personal injury, property damage, or other losses that may occur. Breathe with Ash is not responsible for the policies you may elect for this purpose, and you acknowledge to ensure that the relevant insurance responds to the nature of the activities you may embark on with Breathe with Ash.

BOOKINGS AND THIRD-PARTY PLATFORMS

Bookings for Breathe with Ash services may be made directly through our website, app, or via third-party platforms, including Eventbrite and Humanitix. By making a booking through any of these methods, you agree to be bound by the respective Terms and Conditions of the platform used. Breathe with Ash is not responsible for any technical issues, payment processing errors, or data security concerns related to these third-party platforms. We do not guarantee the availability, accuracy, or completeness of any information provided through these platforms and disclaim any liability for issues arising from their use.

PHOTOGRAPHIC AND VIDEO RELEASE

If you participate in any of our services you grant Breathe with Ash the right to use, reproduce, and publish any photographs, videos, or other media taken during the activities or sessions for promotional, marketing, or educational purposes without compensation or further consent. You understand that you are consenting to the use of photographs and video of your likeness to be used as Breathe with Ash deems fit. If you do not consent, please let us know prior to attending by completing our Waiver Form, via email at [email protected] or informing us in person prior to any participation.

INTELLECTUAL PROPERTY

A. OWNERSHIP OF INTELLECTUAL PROPERTY

The Site and App contains Intellectual Property owned by Breathe with Ash and by third parties that licence content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trade marks, copyrights, proprietary information, designs, patents, and other Intellectual Property rights, as well as the business name, logo, all designs, slogans, text, videos, audio files, graphics, other files, and software (“Content”).

Your use of the Site, App and access to any content does not grant or transfer any Intellectual Property rights, title, or interest to you in relation to this Site, App, the services, or the content. We do not authorise anyone to use our Intellectual Property without our consent or any Third-Party Licensed Intellectual Property.

B. NO COMMERCIAL USE

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, App, services or content, Breathe with Ash’s Intellectual Property, and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, App and services if you are found to be violating these Terms.

Our Intellectual Property is important to us and therefore reserve our rights to initiate legal proceedings against anyone who infringes our Intellectual Property.

LINKS TO OTHER WEBSITES

Our Site, App and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control, or approve of, and nor are we responsible for, the content on those websites. It is up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your own homework to find that out.

PRIVACY

These Terms also include our Privacy Policy, which can be accessed on our Site.

PRICES AND PAYMENT

All prices for services provided by Breathe with Ash are in Australian Dollars (AUD) and inclusive of any applicable Australian Goods and Services Tax (GST). The prices listed on the Site, App, or any third-party platforms, including Eventbrite and Humanitix, may change without prior notice. The price charged will be the one in effect at the time your order is validated.

We offer payment options via our Site, App, or through third-party platforms, including Eventbrite and Humanitix. If paying by credit card, you warrant that you have the necessary rights and authority to use the card. You authorise Breathe with Ash to automatically charge the credit card on file for any outstanding balances and agree to keep all billing information current. When making payments, you also agree to the terms and conditions of any third-party payment gateway provider (e.g., PayPal, Stripe, Eventbrite, Humanitix), which can be reviewed on their respective websites.

Breathe with Ash processes payments through the Site, App, and third-party platforms. Each platform has its own payment processing policies and security measures, and we encourage you to review their privacy policies before proceeding with your booking. Our Site is hosted by Kajabi, which provides the eCommerce platform enabling us to sell services. Payment data is securely stored through Kajabi’s systems and is encrypted in compliance with the Payment Card Industry Data Security Standard (PCI-DSS). Transaction data is stored only as long as necessary to complete the purchase and is deleted afterward.

All direct payment gateways comply with PCI-DSS standards, ensuring secure handling of credit card information. For more information, you may wish to review Kajabi’s Terms of Service or Privacy Policy.

USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS

We always appreciate interaction on our social media channels and feedback about our services, as it helps us to improve our business. Through the use of this Site or App you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. Where you do decide to submit such feedback or comments, you give us permission to post or otherwise use that feedback on our social media or other channels. If you do not want us to reproduce your reviews, you can email us and let us know at any time.

We reserve the right to remove a review or comment, if such a review or comment:

a. contains libellous or otherwise unlawful, abusive or obscene material;

b. attacks our employees or another contributor;

c. contains material that discloses your personal information; or

d. is unrelated to the post or content to which you have reviewed or commented on.

On our Site and App, we present real-life examples of insights into other customers' experiences with our services for illustration purposes only. Any results presented demonstrate to users what can be possible but are not intended to represent or guarantee that any current or future users of our services will achieve the same or similar results.

Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.

COMPETITORS ARE EXCLUDED

You are not allowed under any circumstances to use or access any documents or content on our Site and App in any way that competes with our business. Breathe with Ash reserves the right to exclude and not permit any person using this Site and our App or accessing its content at its sole discretion.

WARRANTIES AND DISCLAIMERS

The Site, App, and our services are provided on an "as is" and "as available" basis, and to the fullest extent permitted by law, we make no representations, guarantees, or warranties of any kind about the Site and/or the services, including, but not limited to:

a. that they are suitable, reliable, complete, secure, accurate, or fit for any particular purpose;

b. that access will be free of any harmful components (including malware or viruses) or other code that may cause harm or assist in causing harm; or

c. that there is no possibility of failure to store communications or other data.

Nothing in these terms and conditions excludes, restricts, or modifies your rights under the Australian Consumer Law, including any guarantees that our Site, App or services meet acceptable quality standards and are fit for their intended purpose.

REFUNDS, CANCELLATIONS AND FORCE MAJEURE

REFUNDS AND CANCELLATIONS

By engaging with our services and making a purchase, you acknowledge and agree to the terms outlined in this policy. We strive to balance the interests of both Breathe with Ash and our valued clients, ensuring that the terms are reasonable, fair, and clearly communicated. In accordance with the Australian Consumer Law (ACL), you are entitled to a refund if the services provided are not of acceptable quality, as described, or do not meet the requirements set out in your agreement. If you are not satisfied with the services provided due to such issues, please contact us immediately to discuss your concerns.

Refunds will be processed to the original payment method within a reasonable period after approval, in accordance with applicable Australian consumer laws.

CANCELLATIONS

The following cancellation and refund policies are in place to ensure fairness while respecting your consumer rights under Australian Consumer Law.

1:1 Sessions: A minimum of 24 hours' notice is required for cancellation; otherwise, the full fee is forfeited. No-shows will also incur the full fee.

Event or Group Session Tickets: All sales are final and non-refundable from the time of purchase. However, if the service is faulty, not as described, or does not meet ACL guarantees, you are entitled to a remedy (such as a refund or credit). This policy does not affect your rights under ACL.

Private Events Booked with Breathe with Ash: A minimum of 3 business days' notice is required for cancellation; otherwise, the deposit is forfeited. If a service is faulty or does not meet expectations, clients are entitled to a remedy under ACL, and this does not affect your statutory rights.

Rescheduling by Breathe with Ash: If a service is postponed or rescheduled by Breathe with Ash, you can get a refund or credit, as long as you inform us within 7 days of the new date.

Right to Amend Terms: Breathe with Ash can change these terms at any time, but any changes will not affect your rights under ACL and will be clearly communicated to clients.

FORCE MAJEURE

Breathe with Ash will not be liable for any failure or delay in performance under these Terms if such failure or delay is due to an event beyond our reasonable control. Including but not limited to acts of God, natural disasters, pandemics, civil unrest, or government restrictions. In such cases, we will use reasonable efforts to reschedule or provide an alternative solution to affected participants, but we are not liable for any losses incurred as a result of such events.

PARTICIPATION

To ensure the safety and well-being of all participants, you agree to follow the guidelines provided by Breathe with Ash instructors before, during, and after each session. These guidelines may include instructions on proper clothing, hydration, mental preparation, timing, sequencing and posture during specific activities. You understand that failure to follow the guidance of instructors could result in injury or adverse reactions, and you agree to take full responsibility for any consequences arising from non-compliance.

PRIVACY AND CONFIDENTIALITY

Breathe with Ash is committed to protecting your privacy. We do not collect personal data unless it is necessary for your participation in our services. For detailed information about how we handle your data, please refer to our Privacy Policy, which outlines how we collect, store, and use your information. By engaging with Breathe with Ash, you consent to the collection and use of your information as described in our Privacy Policy.

DISCOUNTS

From time to time, we may offer discounts, including exclusive member-only discounts or approved affiliate discounts. Any such discounts cannot be used in conjunction with any other offer or discount. Discount codes are not transferable and cannot be redeemed for cash under any circumstances.

MORE LIMITATIONS ON LIABILITY

The disclaimers of liability outlined in any of these Terms apply to all customers, clients, or visitors.

INDEMNITY

You hereby indemnify Breathe with Ash and any associated parties and undertake to keep us indemnified against any losses, loss, costs, liabilities, and bills (including, without limitation, legal expenses and any amounts compensated by us to a third party in settlement of a claim or dispute) sustained or suffered arising from any breach by you of any provision of these Terms, or arising from any claim that you have breached any supply of these Terms.

BREACHES OF THESE TERMS

Without prejudice to our other rights, if you breach these Terms or if we reasonably suspect that you have breached these Terms, we may:

a. send you more than one formal warning;

b. temporarily suspend your access to our Site;

c. permanently restrict you from accessing the Site;

d. block computers with your IP address from accessing the Site;

e. contact your online service provider and request they block your access to the Site;

f. bring court proceedings against you for breach of contract or otherwise;

g. suspend and/or erase your account with the Site; and/or

h. erase and/or edit any or all of your current content.

Where we postpone or prohibit your access to the Site or a component of the Site, you must not take any action to circumvent such suspension, prohibition, or blocking (including, without limitation, creating and/or having a different account).

VARIANCE

We may revise these Terms from time to time. Revised Terms will apply to using the Site or our App from the date of the publication of the revised Terms on the Site.

ASSIGNMENT

You hereby agree that you may not transfer, sub-contract, or otherwise deal with any of our rights and/or requirements under these conditions without obtaining prior written consent.

SEVERABILITY

If any of these Terms are determined by any court or other competent authority to be unlawful, invalid, or unenforceable, the remaining provisions shall continue in full force and effect.

ENTIRE UNDERSTANDING

Subject to these Terms, together with our Privacy Policy, constitute the entire agreement between you and us with regards to your use of the Site and App, and supersede all previous agreements in respect of your use of the Site.

HOW TO CONTACT US

If you have any questions regarding the above Terms, we invite you to connect with us via our Contact Us page or via email at [email protected].

Waiver

INTRODUCTION

This Waiver is a legal agreement between you ("Participant" or "you") and Breathe with Ash ("Provider" or "we"). By participating in any breathwork, sound healing, or ice bath session provided by Breathe with Ash, you confirm that you have read, understood, and agree to be bound by the terms of this Waiver.

Assumption of Risk and Waiver of Liability

By participating in any breathwork, sound healing, or ice bath session hosted by Breathe with Ash, you acknowledge and agree to the following:

you voluntarily assume full responsibility for your health, safety, and well-being during and after the session;
breathwork, sound healing, and ice bath activities are safe for most individuals, but they may involve physical or emotional release. There may be risks, including but not limited to dizziness, light-headedness, physical strain, discomfort, emotional discomfort, injury, or the triggering of past trauma; and
you understand that you can stop any activity at any time if you feel uncomfortable or unwell.

Certain medical conditions or situations may make participation in these activities unsafe, including but not limited to:

pregnancy;

detached retina;
glaucoma;
aneurysm in the brain or abdomen;
uncontrolled thyroid conditions and diabetes;
asthma (participants with asthma should bring an inhaler);
epilepsy or seizure disorders;
severe cardiovascular issues (including arrhythmias and pacemakers);
unmanaged high or low blood pressure;
recent surgeries or open wounds;
significant mental health conditions (e.g., schizophrenia, bipolar disorder, or extreme anxiety);
a history of fainting or seizures;
conditions that could be exacerbated by deep breathing, extreme temperatures, or intense emotional experiences;
raynaud's disease or poor circulation (for ice baths);
hearing issues or pacemakers (for sound healing);
cold sensitivity or a history of hypothermia (for ice baths);
respiratory conditions (for ice baths or breathwork);
a history of emotional trauma or psychiatric conditions that could be triggered by energetic shifts (for sound healing); and
cold exposure sensitivity (for ice baths).

You agree to:

inform Breathe with Ash of any existing medical conditions, including but not limited to heart disease, high blood pressure, respiratory conditions, mental health conditions, or pregnancy, that may affect your ability to safely participate in any session or activity;
acknowledge that participation is voluntary and at your own risk; and
hold Breathe with Ash and its instructors, facilitators, contractors, and employees harmless from any claims, damages, or losses arising from your participation in breathwork, sound healing, or ice bath sessions.

MEDICAL DISCLAIMER

Breathe with Ash practitioners are not medical professionals. Breathwork, sound healing, and ice bath activities are not substitutes for professionally qualified medical treatment or therapy. You are encouraged to consult a licensed healthcare provider before participating in any of these activities if you have any concerns regarding your health, safety, or well-being. You acknowledge that any guidance provided by Breathe with Ash is not medical advice.

MEDIA RELEASE

By participating in Breathe with Ash events, you may be recorded on video, photography, and audio for promotional purposes. This may include use on social media platforms, websites, and other promotional media. You grant Breathe with Ash the right to use any recordings in promotional materials, including but not limited to photos, videos, and testimonials. If you do not wish to be included in such recordings, please notify the event organiser prior to the event.

Emergency Protocol

In the event of a medical emergency during any session, Breathe with Ash will take appropriate action to seek medical help if necessary. You agree to cover any costs associated with emergency services and medical treatment required on your behalf. It is your responsibility to inform the instructor of any medical conditions or concerns that may affect your ability to participate. If you feel unwell or uncomfortable at any time during the activity, please notify the instructor immediately.

Assumption of Risk for Specific Activities

You understand that participating in breathwork, sound healing, and ice baths involves inherent risks, both known and unknown. These risks include but are not limited to:

Breathwork Risks

Hyperventilation or breath-holding– This may lead to dizziness, light-headedness, tingling sensations, or fainting;
Sudden changes in blood pressure and heart rate– These changes could result in physical discomfort or other complications, especially for those with cardiovascular conditions;
Emotional release or energetic shifts– This could evoke intense feelings, memories, or past trauma, and may be particularly challenging for individuals with a history of psychiatric conditions such as anxiety, depression, PTSD, bipolar disorder, schizophrenia, or other mental health disorders;
Potential adverse reactions– Including anxiety, light-headedness, or dizziness, which could be exacerbated by pre-existing mental health conditions;
Physical strain or muscle tension– This may occur due to intense breathing techniques or prolonged postures; and
Altered states of consciousness– These may affect coordination, awareness, or perception, potentially leading to disorientation or an increased risk of accidental injury.

Sound Healing Risks

Exposure to sound frequencies - This may impact individuals with hearing issues or those with pacemakers or other medical devices;
Sensitivity to certain frequencies – This may cause discomfort, dizziness, or ear-related issues. If you have a pacemaker, hearing aids, or any electrical medical devices, you must consult your healthcare provider before engaging in sound healing; and
Energetic shifts or emotional release - The possibility of energetic shifts or emotional release could lead to unexpected emotional reactions or changes in mental state, particularly for individuals with psychiatric conditions or unresolved past traumas.

Ice Bath Risks

Sudden exposure to cold temperatures - This can lead to shock, hypothermia, or frostbite if precautions are not properly followed;
Decreased circulation, muscle cramps, or numbness - Especially for individuals with poor circulation, cardiovascular issues, or other underlying health conditions;
Increased heart rate and blood pressure - Cold immersion may cause an increase in heart rate and blood pressure, posing risks for those with pre-existing heart conditions;
Exacerbation of circulatory issues - Prolonged exposure to cold could worsen conditions like Raynaud’s disease or other circulatory issues; and
Stress responses from cold immersion - For individuals with a history of trauma (physical or emotional), cold immersion may trigger stress responses or increase feelings of discomfort, fear, or distress.

Breathwork, Sound Healing and Ice Bath Contraindications

Contraindications include, but are not limited to:

pregnancy;
detached retina;
glaucoma;
aneurysm in the brain or abdomen;
uncontrolled thyroid conditions and diabetes;
asthma (participants with asthma should bring an inhaler);
epilepsy or seizure disorders;
severe cardiovascular issues (including arrhythmias and pacemakers);
unmanaged high or low blood pressure;
recent surgeries or open wounds;
significant mental health conditions (e.g., schizophrenia, bipolar disorder, or extreme anxiety);
a history of fainting or seizures;
conditions that could be exacerbated by deep breathing, extreme temperatures, or intense emotional experiences;
raynaud's disease or poor circulation (for ice baths);
hearing issues or pacemakers (for sound healing);
cold sensitivity or a history of hypothermia (for ice baths);
respiratory conditions (for ice baths or breathwork);
a history of emotional trauma or psychiatric conditions that could be triggered by energetic shifts (for sound healing); and
cold exposure sensitivity (for ice baths).

If you have any health concerns or medical conditions, it is strongly advised that you seek clearance from your healthcare provider before engaging in breathwork, sound healing, or ice bath sessions.

General Health and Safety Risks

Altered state of consciousness: These activities can alter your state of consciousness, which may lead to intense emotional or physical reactions.

By voluntarily participating in these activities, you acknowledge and accept the risks involved, and you understand that you are participating at your own risk.

ACKNOWLEDGMENT OF VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK

By voluntarily participating in breathwork, sound healing, or ice baths, you acknowledge that you are engaging in these activities with full awareness of the potential physical and emotional risks. You understand that you are responsible for your own safety, health, and well-being during and after these activities and that you can stop at any time if you feel uncomfortable or unwell. You also acknowledge that Breathe with Ash instructors are not medical professionals and that any guidance provided is not medical advice. If you have any concerns about your ability to participate safely, particularly if you have pre-existing health conditions, you are encouraged to consult with your healthcare provider. Participation is entirely at your own discretion, and by engaging in these activities, you release Breathe with Ash and its instructors from any liability, except where such liability arises from gross negligence or misconduct, as permitted under Australian law.

CONSENT TO PARTICIPATE AND SUPPORTIVE TOUCH

The Participant understands that participation in a breathwork session is entirely voluntary, and they may choose to stop at any time if they feel uncomfortable, unsafe, or unwell. They acknowledge that it is their responsibility to communicate with the Breathwork Facilitator if they are experiencing discomfort or wish to end the session.

The Participant acknowledges and consents to the use of appropriate trained and supportive touch by the Breathwork Facilitator, if deemed necessary, to facilitate their process during the session. Should the Participant choose not to consent to any touch, they have the right to inform the Breathwork Facilitator either prior to or at any time during the session.

Force Majeure

Breathe with Ash shall not be held liable for any failure to perform its obligations under this agreement due to circumstances beyond its control, including but not limited to natural disasters, pandemics, or other events of force majeure.

Governing Law

This Waiver will be governed by and construed in accordance with the laws of Australia. For participants accessing services online or from outside of Australia, this Waiver is also subject to the laws applicable in the jurisdiction where the participant resides. Any disputes arising out of or in connection with this Waiver, including those related to online participation, will be subject to the exclusive jurisdiction of the courts of Victoria where Breathe with Ash is based, or, if applicable, the courts in the participant's jurisdiction.

Amendments

Breathe with Ash reserves the right to update or amend this Waiver at any time. You will be notified of any changes to the Waiver, and your continued participation will be deemed as acceptance of the updated terms.

Acknowledgment and Agreement

You acknowledge that you have carefully read, understood, and agreed to Breathe with Ash’s Waiver. You confirm that you are either an Australian resident or, if participating from outside of Australia or via online services, acknowledge that this waiver may be subject to local laws in your jurisdiction. This waiver is primarily governed by the laws of Australia, but for participants located outside of Australia or engaging in online services, local laws may also apply. You also acknowledge that you are participating voluntarily and with full awareness of any risks involved. You further confirm that the information you have provided is accurate and complete to the best of your knowledge. Should you have any questions or concerns, please contact us prior to submission.

Privacy Policy, Terms and Conditions & Waiver

Privacy Policy

Terms and Conditions

Waiver

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