RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK
1. This agreement is between you, your child(ren) and Kinney & Kinney Pty Ltd, Sky Lantern and all of its subsidiaries and relates to your participation in any of the provided programs. (ABN 70164304956 / ACN 164304956)
2. That you and your child(ren) are participating in this Emotional Wellbeing & Mindfulness course and other activities given by your instructor(s) during which you will receive information and instruction about emotional wellbeing, mindfulness and other topics.
3. As an attendee, or your child(ren) as an attendee or participant of Kinney & Kinney Pty Ltd courses, you understand the information, techniques, skills, and concepts shared by the instructor(s), audio and video recordings, information, manuals, checklists, documents, websites, and other materials are not to be relied on as any type of professional or other advice.
4. The Program Materials may only be used for educational purposes and only for non-commercial use.
5. No part of the Kinney & Kinney Pty Ltd Program or the Program Materials may be copied, modified, licensed, published, transmitted, distributed, uploaded, broadcast, sold or otherwise transferred without our prior consent. We, or our licensors own all intellectual property rights in the Program Materials.
6. If you have a question, you will need to email details to [email protected]
. You will receive a response within 48 hours, and we will endeavour to answer your queries to the best of our abilities.
7. We reserve the right to vary this Agreement and Kinney & Kinney Pty Ltd, revise content, cancel or reschedule part of the programs or to make other changes to Kinney & Kinney Pty Ltd as reasonably required.
8. No representations or warranties are made with respect to the results to be obtained from participating in any of Kinney & Kinney Pty Ltd programs.
9. This Agreement is governed by the laws of Western Australia, Australia.
10. Any programs provided under Kinney & Kinney Pty Ltd are not intended to ‘cure’, ‘fix’, ‘alleviate’ or ‘remedy’ any psychological, emotional, or cognitive related issues. These programs are not intended, claimed, or provided as counselling, psychiatric or psychological services. The coaching or programs provided here is suggestive and provided as guidance only. The coaching or programs may allow each participant to engage in the possibility of framing different perspectives regarding life circumstances. One should always seek the advice of a medical and registered practitioner prior to engaging in any health-related services.
11. That you and your child(ren) will give special attention to all instructions oral or written and will query any matters that you / they do not understand.
12. That you and your child(ren) are not under the influence of medication / mind altering substances, nor do you / they have any allergies or pre-existing medical condition that effect your / their understanding of safety instructions or ability to competently participate, and/or maybe exacerbated by the activity, and/or otherwise effect you / their ability to participate in any aspect of this activity, and/or prejudice the performance / safety to yourself / themselves or others.
13. By becoming a member of the Kinney & Kinney Pty Ltd community you agree to the above points to the Agreement.
Emotional Wellbeing & Mindfulness Waiver & Cancellation Policy
I/child(ren) agree to enter into this Agreement between me/child(ren) and Kinney & Kinney Pty Ltd which will be providing services through its employees (hereinafter referred to as “Kinney & Kinney Pty Ltd”). I/child(ren) have requested that Kinney & Kinney Pty Ltd conduct mindfulness and emotional wellbeing sessions with my child at selected venues or online with sound therapy, emotional wellbeing, movement, or mindfulness activities to be provided in consideration for a fee. Kinney & Kinney Pty Ltd agrees to provide said sessions to me/child(ren).
1. Waiver: In consideration of my participation in the emotional wellbeing and mindfulness coaching provided by Kinney & Kinney Pty Ltd, I/child(ren), my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Kinney & Kinney Pty Ltd and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releases”) from liability, from any and all claims, including any negligence of Kinney & Kinney Pty Ltd resulting in death, personal injury, accident or illnesses and property loss arising from, but not limited to, participation in the coaching and the possible use of any facilities, premises or equipment wherever located and by whomever provided.
2. Photography/Video Release: Participants involved in any activities offered by Kinney & Kinney Pty Ltd may be photographed or videotaped during sessions. I hereby consent to the use of these photographs and/or videos without compensation, on the www.aprilkinney.com website and affiliate websites, Facebook page or in any editorial, promotional or advertising material produced and/or published by Kinney & Kinney Pty Ltd both online and/or in print. I acknowledge that such photographs/video may include (but not limited to) “before” and “after” photographs. I also hereby consent release to any possible video testimonials that may be required by Kinney & Kinney Pty Ltd.
3. Severability and Jurisdiction: I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the laws of Western Australia, Australia and if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
4. Indemnity: I further agree to indemnify and hold not liable Kinney & Kinney Pty Ltd their principals, agents, employees, trainers, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Kinney & Kinney Pty Ltd, at any location in which a Kinney & Kinney Pty Ltd activity is held. This includes but is not limited to yoga studios, libraries, community centres, parks, recreational areas, and/or any area selected for training and coaching by Kinney & Kinney Pty Ltd.
5. Payments and Cancellation: I hereby authorise any and all payments due to Kinney & Kinney Pty Ltd by me. I further authorise my credit card company or bank to make payment(s) to Kinney & Kinney Pty Ltd by the method(s) indicated and to deduct such payment from my account. I understand that in the case of ongoing, continuous coaching that some payment periods may have less coaching sessions (due to holidays) however the weekly fee will still be deducted. I also understand that I am entitled to a 48 hour cooling off period at the commencement of my membership agreement free of charge if done so in writing. FOR BILLING QUESTIONS: please email [email protected]
5.1 With respect to ongoing, continuous coaching, If I do not attend my scheduled session and I do not notify by email to [email protected]
at least 48 hours prior, I authorise my credit card company or bank to make payment to Kinney & Kinney Pty Ltd by the credit card indicated and to deduct such fees from my account.
5.2 Kinney & Kinney Pty Ltd will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged wrongful debit, or as otherwise required by law.
5.3 I understand that there is a $5.00 late fee if my payment is received past the due date and/or any additional fee associated with return payment or nonpayment of dues. I understand I can cancel after the initial term expiry date when I give 14 days notice in writing and deliver it to Kinney & Kinney Pty Ltd via email. I acknowledge the 14 days starts from my next billing date. I understand if I wish to terminate my membership contract early that there is a 50% payout fee of the remanding payable amount.
6. Acknowledgment of Understanding: I have read the release of liability, waiver of claims and assumption of risk provisions in this agreement and I understand that I am giving up substantial rights, including my right to sue. I/child(ren) acknowledge that I am signing on behalf of myself and my child(ren) (or the equivalent of signing by ticking a box) the agreement freely and voluntarily and intend, by my signature (or the equivalent of signing by ticking a box) that this document be a complete and unconditional release of liability to the greatest extent allowed by law.
I/child(ren) further certify that I have fully read and understand the terms of this agreement and will comply with the contents herein.
Signature: _____________ Date: _____________________