Terms and Conditions for the Mindful in Nature Website
- In these Terms and Conditions, “You” means the person named in the online booking system for any of the sessions available for Mindful in Nature (Session) as a participant. Where You are under 18 years of age, where relevant, “You” also refers to the parent or guardian who submitted a booking on behalf of a child.
- By ticking “Yes, I accept the Terms & Conditions” You warrant and represent to the organisers that:
- If the booking is on behalf of a child”, You accept the terms and conditions as the parent or guardian of the named participant;
- If the booking is not on behalf of a child You are the named participant and You will be 18 years of age or older on the day of your Session; and
- You have read and understood these Terms and Conditions and consent to the Privacy Statement below.
- You are participating in a Session at your own risk and especially where a Session involves physical activity (for example, a lengthy walk):
- You acknowledge that participating in a Session may involve a risk of physical or mental injury or death;
- You are responsible for ensuring that You are adequately and appropriately prepared both physically and mentally to complete your Session.;
- You are required to declare Your medical history during registration and advise the the Website Owner before your Session of any medical conditions (both physical and mental) that may impact your ability to participate in the Session.
- You consent to receiving any emergency medical treatment that we consider appropriate during or after any Session, having regard to section 5AD of the Civil Liability Act 2002 (WA).
- You acknowledge you have sole responsibility for your personal possessions prior to, during and after a Session.
- The intellectual property rights in all software and content made available to you on or through this Website remains the property of the Website Owner, or our licensors, and are protected by law. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
- To the fullest extent permitted by law, You release any person, entity or body directly or indirectly associated with a Session (the Indemnified Persons) from all or any claims, demands, proceedings, action, suit, damage, penalty, cost or expense however arising including but not limited to negligence (Claims) that You have or may have had but for this release arising out of or connected with your participation in the Session, and to the fullest extent permitted by law You indemnify the Indemnified Persons and will keep the Indemnified Persons indemnified in respect of any Claims by any person including another participant in a Session arising out of or connected with your participation in any Session. This release and indemnity continues indefinitely and binds each of your heirs, successors, executors, administrators and personal representatives.
- By agreeing to the Terms and Conditions you acknowledge that we are not health practitioners within the meaning of Health Practitioner Regulation National Law (WA) Act 2010 or otherwise.
- By agreeing to the Terms and Conditions you expressly consent to the collection of your personal information (including health information) prior to the Session.
- These Terms and Conditions are governed by the laws of Western Australia.
- If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms and Conditions.