1. Assumption of Risk. In consideration of the acceptance of your registration and participation in the Event, you assume full and complete risk and responsibility for any discomfort, illness, injury, or accident which may occur while you are preparing for the Event, during the Event, while you are on the premises of the Event or participating in the Event by following and watching a live stream of the Event, or while you are traveling to or from the Event. You understand that, depending on the nature of the Event, participating in the Event may be hazardous, and that you should not enter and participate unless you are in sufficient physical condition to participate. If needed, you should consult your doctor before participating in the Event. You also acknowledge and agree that participation in the Event may carry with it certain inherent risks and dangers that cannot be eliminated completely ranging from risk of minor discomfort to catastrophic injuries including permanent disability and death. You are aware of and assume all risks associated with participating in the Event, including, without limitation, risks of permanent injury or death due to falls, obstacles, contact with other participants, acts or omissions of other participants or the Facilitator, effect of weather, and/or the instructions given by the Facilitator (or any employee of the Facilitator) before, during or after the Event.

2. Representations. You represent and warrant that you are in sufficient physical condition to safely participate in the Event, and have no medical condition that would make your participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. In the event the Facilitator becomes liable or otherwise pays for any medical or other expense on your behalf, you agree to indemnify and pay the Facilitator any amount incurred within 3 days of a request and provision of any receipt to you from the Facilitator.  You agree to observe and obey all rules and warnings, to follow any instructions or directions provided to you by the Facilitator, any Event official or any employees of Yoga Within and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behaviour at all times while at the Event and to obey all applicable laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities and property. You agree that the Facilitator or any Event officials may dismiss you, without refund, should your behaviour, in the opinion of the Facilitator or the Event organizer, endanger the safety of or negatively affect the Event. You understand and agree that the Facilitator and any Event organizer reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Event participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by the Facilitator or Event organizer.

3. Release and waiver of liability. You hereby waive, release, covenant not to sue and forever discharge the Facilitator, all employees of the Facilitator and all other persons associated with the Event, from all liabilities, claims, actions, or damages that you may have against the Facilitator or any employee of the Facilitator for personal or other injury caused to you arising out of or in any way connected with your registration and/or participation in the Event, including without limitation any liabilities, claims, actions, or damages for personal or other injury caused to you by negligence of the Facilitator (including any negligent posture advice), the action or inaction of the Facilitator, or otherwise.

The Facilitator shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Facilitator has been advised of the possibility of such damages) for any personal or other injury caused to you. You agree that the Facilitator 's maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by the Facilitator from you for participating in the Event. Nothing in this agreement and waiver shall be construed as limiting or excluding the Facilitator’s or the Event organizer's liability for: (a) death or personal injury caused by gross negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability. Your statutory rights as a consumer are not affected by this agreement and waiver.

4. Indemnity. You agree to indemnify, defend, and hold harmless the Facilitator, any employee of the Facilitator and all other persons associated with the Event, from all liabilities for personal injury caused to you and arising out of or in any way connected with (a) your participation in the Event, including without limitation any liability caused by negligence (including any negligent posture advice), the action or inaction of the Facilitator, or (b) any violation by you of any terms of this agreement and waiver.

5. Disclaimer of Warranties. You expressly agree that use of the Facilitator 's services is at your sole risk. The services are provided on an ''as is'' and ''as available'' basis. The Facilitator makes no warranty that the Facilitator sites' services and streaming or video services will be uninterrupted, secure, or error free. The Facilitator expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. The Facilitator does not guarantee the accuracy or completeness of any information on, or provided in connection with, the Facilitator sites, services or advice. The Facilitator is not responsible for any errors or omissions, or for the results obtained from the use of such information.

6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the agreement and waiver shall be deemed amended accordingly.

7. Acceptance. By indicating your acceptance of this waiver, either by signing this waiver or giving notice of your acceptance of this waiver via email to susan@yogawithin.com.au you are affirming that you have read this waiver and fully understand that the Agreement includes the terms and conditions of this waiver. You understand that you and all registered parties are giving up substantial rights, including the right to sue. You acknowledge that you are agreeing to this Agreement freely and voluntarily, and intend by your acceptance to be a complete and unconditional release of all liability for personal or other injury caused to you to the greatest extent allowed by law. If the participant is a minor or incapacitated adult, you certify that you are the participant's parent or guardian and agree to this waiver and release from liability on behalf of the participant.

8. Governing Law: The Agreement and this Waiver shall be governed by and interpreted in accordance with the laws of NSW.  Each of the Facilitator and you/the participant submit to any court of competent jurisdiction in NSW and each party waives any objection to venue. 

9. Definitions: 

‘Event’ means any activity or event organised and facilitated by the Facilitator, or any employee of the Facilitator, including transport to and from the Event from a pickup location agreed with the Facilitator; 

‘Facilitator’ means Susan Hughes trading as Yoga Within; 

‘Agreement’ means this agreement entered into between you and the Facilitator for the purpose of you participating in the Event and includes these terms and conditions.