Terms & Conditions

Terms & Conditions of Products & Services

Welcome to the Terms and Conditions for the Soul Vida Fit websites and Soul Vida Fit Pty Ltd.

These Terms and Conditions create an agreement applicable to your use of our Web Site and your purchase, ordering or booking of any of our classes, events, escapes, products or services. We reserve the right, at any time, to modify, alter, or update these Web site Terms and Conditions, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web Site.

Your Registration

In consideration of your use of the Web Site, you agree:

  1. that any information you are prompted to provide us about yourself (such as during registration or purchase) shall be accurate, current and complete; and
  2. that you will maintain and promptly update such information to keep it accurate, current and complete.

Licenses and Web Site Access

Subject to these Terms and Conditions, we grant you a license only to make personal use of the Web Site. You may not, without limitation:

  1. make any resale or commercial use of the Web Site or its content;
  2. make any derivative use of the Web Site or its content; and
  3. use any data gathering and extraction methods within the Web Site. Except as expressly stated in these Terms, you are not conveyed any right or license or otherwise in or to any trademark, copyright, or proprietary right of ours or any third party.

Elements of the Web Site, including page headers, custom graphics, logos, images and button icons, may not be copied or imitated in whole or in part.

You may not use, or frame to enclose any Soulvidafit.com.au or any of our Soul Vida sister sites including MakitaGabriel.com, Soul Vida trademark, logo or other proprietary information (including the photographs and images found at the Web Site, the content of any text, audio/visual programming and/or the layout or design of any page of the Web Site) without our express written consent.

Any unauthorised use of the Soul Vida Fit Web Site (and sister sites or related information) may violate copyright, trademark and other laws, and subject you to legal action.

Copyright

All right title and interest in the entire contents of the Web Site is copyrighted. Soul Vida Fit Pty Ltd holds the copyright in this collective work. All Rights Reserved. You hereby acknowledge and agree that Soul Vida Fit Pty Ltd and/or any third-party content providers remain the owners of any posted materials on the Web Site, and that you do not acquire any ownership rights over any such copyrighted materials by downloading or, otherwise, using them.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Web Site solely for your own non- commercial use. Any redistribution, retransmission, or publication of any material or content on the Web Site & any sister sites is strictly prohibited without our express written consent or as expressly set out in these Terms.

Attribution, Non-Commercial, No Derivatives Licence to all products.

You may download pages containing our products or services and share them with others as long as you mention and link back to SoulVidaFit.com.au and Makita Gabriel (including on social media), but you cannot edit, derivate from or change them in any way, or use them commercially. Trademarks All trademarks, service marks, logos, trade names, and any other proprietary designations of Soul Vida Fit Pty Ltd or its associates used herein are trademarks or registered trademarks of Soul Vida Fit Pty Ltd and Makita Gabriel.

Web Survey

We may from time to time offer participation in promotional contests and web surveys on our Web Site. Your participation in these contests and web survey is governed by the express rules applicable to each such contest or web survey.

Price and Payment

You agree to pay all charges payable on or charged to your account, in accordance with payment terms in effect at the time a purchase is made. We reserve the right to institute new fees or charges effective upon prior notice to you or when listing any product. When prompted to do so, you must provide us with valid credit card information. If payments that cannot be charged to your credit card are returned to us for any reason, we reserve the right either to suspend or terminate your order, thereby terminating all further obligations by Soul Vida Fit Pty Ltd and Makita Gabriel.

If you choose to unsubscribe, you agree that all programs, access to special bonuses and any programs and purchases will no longer be available to you.

We do not offer refunds to purchases other than in accordance with Australian Consumer Law or as expressly set out in these Terms.

All Products and Services Prices are in Australian Currency.

Payment Plans

Payment Plans are available but an additional fee per month for the additional administration these
arrangements incur will be charged in our discretion.

Credit Card Security

All transactions are processed via Credit Card and or PayPal or in some cases through direct deposit if agreed to by us in advance.

Spa Wellness Escapes and Retreats Registration

The Registration Fee for Soul Vida Fit Pty Ltd Wellness Escapes and Retreats is $500.00 AUD (ex GST) and is non- refundable. Your balance is due no later than 2 months prior to the Escape or Retreat. Whereby you change your mind or are unable to attend your full balance may be held as a credit with Soul Vida Fit Pty Ltd for a period of up to 12 months at our discretion OR alternatively you are welcome to have someone attend in your place by notifying us no later than 30 days prior to the Escapes and Retreats.

Training & Workshops (Classes) Membership

The Membership Fee for Soul Vida Fit Pty Ltd Classes consists of a $XXX.00 AUD (ex GST) deposit, the Fees set out in the separate ‘Membership and Classes’ document, along with Class fees for any non-Membership based attendance, and these may change from time to time as we adjust our pricing. Your Membership or Classes payment is due when booking a class and membership due date.

Spa Wellness Escapes and Retreats Terms

Travel Arrangements

Spa Wellness Escapes and Retreats Packages do not include airfares or travel fares. You are solely responsible for any changes in travel arrangements including any cancellations and flights/travel being delayed. Any independent travel arrangements, including but not limited to hotel transfers will incur additional fees which must be covered by you, the client/ retreat guest.

Airport Transfers

Airport Transfers are included in the Spa Wellness Escapes and Retreats Package.

Passport

A current passport with a minimum of 6 months validity is required to make a valid booking. You are solely responsible for all passport and visa requirements to attend Escapes and Retreats.

Venue

The venue bookings are made in good faith and integrity but may be subject to change due to changes at the chosen venue. We do not accept any liability or responsibility for action taken by the management of the venues/locations, yet we will do our utmost to offer alternative accommodation or venues. You will be responsible for any damages incurred by you to retreat venues, property or staff and any other charges beyond the accommodation booking made by us on your behalf.

Age Requirement

Wellness Escape and Retreats Guests/Clients attending must be at least 18 years of age.

Health & Wellbeing Requirements

You are required to complete a Health and Lifestyle Questionnaire after Registration as a condition of your attendance at any Escapes and Retreats. Failure to do so may result in refusal to let you attend, at our discretion, and we may refuse to let you attend if we consider your health & wellbeing is not adequate for you to attend Escapes and Retreats without undue risk.

Please note that A Health/Medical Clearance is required where there is known cause of Heart Disease, Epilepsy, Diabetes or any chronic health condition, that would impact your wellness experience. We will fully refund your Registration Fee and any balance if we refuse attendance.

Travel Insurance

Travel Insurance is highly recommended in the event of cancellations, change in flight plans, natural disasters etc. It is the retreat guest/client’s sole responsibility for all expenses incurred in these or any extenuating and unexpected circumstances. Soul Vida Fit Pty Ltd and/or Makita Gabriel is not responsible for any loss or expenses incurred by guest/clients due to flight changes, cancellations, delays or illness or any other matter relating to your travel that could be covered by such insurance, except to the extent it is caused by the negligence of Soul Vida Fit Pty Ltd, its officers or employees.

Spa Wellness Escapes and Retreats Refund Policy

Please note that in the instance of cancellation of any courses offered at a venue, retreat center or resort, the accommodation portion of any fees paid will become subject to the cancellation policy of that venue or resort and we will only refund to you any such sum that is refunded to us.

Soul Vida Fit Pty Ltd and/or Makita Gabriel reserves the right to cancel any Spa Wellness Escapes and Retreats Packages without notice, and in this instance, you acknowledge and agree that we reserve the right to cancel or postpone for any reason. In the event of the Spa Wellness Escapes and Retreats Packages being cancelled, you agree that the ticket price is not fully refundable and that we may retain an administration fee of a percentage of up to but no more than 10% (ten percent) of the ticket price to pay for cancellation fees and expenses incurred by us in connection with the event and which is not covered by insurance. The refunded ticket price will not be less than 90% (ninety percent) of the original ticket price that was purchased.

In the unlikely event that a guest/client’s participation in the Spa Wellness Escapes and Retreats Packages is cancelled due to misconduct or inappropriate behavior the ticket price or other payment is entirely non– refundable.

If a guest/client chooses to cancel or vacate the Spa Wellness Escapes and Retreats Packages prior to the end of it, they do so of their own choosing and are solely responsible for their conduct and no ticket price refund will be issued in this instance.

Spa Wellness Escapes and Retreats Disclaimer

Whilst every effort is made to ensure your Wellness Escapes and Retreats stay is safe and enjoyable, it is wholly your responsibility as the guest/client to ensure your safety, and you assume all risks and responsibility for any losses and or damages of any kind (including indirect or consequential loss or damage) arising in any way as a result of your attendance at or participation in Spa Wellness Escapes and Retreats, except to the extent it is caused by the negligence of Soul Vida Fit Pty Ltd, its officers or employees, where our liability is limited to the fullest extent permitted by law to fees paid by you under these Terms.

Spa Wellness Escapes and Retreats Liability Waiver

Soul Vida Fit Pty Ltd and Makita Gabriel and its facilitators in offering Spa Wellness Escapes and Retreats are fully exempt and released from any liability of any kind (including special, indirect or consequential loss or damage of any kind) for guests/client’s negligence, act or omission, breach of any other legal rights, personal injury, loss, damage to property, death or any other cause, except to the extent it is caused by the negligence of Soul Vida Fit Pty Ltd, its officers or employees, where our liability is limited to the fullest extent permitted by law to fees paid by you under these Terms. You are taken to have read this Liability Waiver and Release and Accept by booking the Escapes and Retreats and making payment, including by or with a deposit.

Withdrawal and Refund Policy for Training & Workshops (Classes) and Events

Due to the limited number of spaces available in our Classes and Events, please note the following policy with regards to withdrawal from Classes or Events:

In the unlikely event extenuating circumstances occur such as sickness or bulk cancellations the Class or Event will be cancelled and postponed to another date.

We require a minimum of 3 participants to conduct our Classes and Events, and to cover costs and we may cancel any Class or Event that does not meet that minimum.

Membership or Class fees are not refundable (including deposit) AND NOT transferable (including deposit), except as expressly set out in our ‘Membership and Classes’ document. Credit may only be transferred to another program, training or course offered by Soul Vida Fit Pty Ltd within 12 months of cancellation of the original course for any reason.

Soul Vida Fit Pty Ltd and/or Makita Gabriel reserves the right to cancel any Classes or Events without notice and in this instance, you acknowledge and agree that we reserve the right to cancel or postpone for any reason. Special considerations will be given where possible.

If an attendee/client chooses to cancel prior to the end of the Class or Event, they do so of their own choosing and are solely responsible for their conduct and no refund will be issued.

Administration Fee for Class or Event Cancellations

In the event of a Class or an Event being cancelled, you agree that the ticket price is not fully refundable and that we may retain an administration fee. A percentage of up to but no more than 10 % ten percent of the ticket price to pay for cancellation fees, costs and expenses incurred by us in connection with the Class or Event and which is not covered by insurance.

The refunded ticket price will not be less than 90% (ninety percent) of the original ticket price that was purchased. In the unlikely event that an attendee/client’s participation is cancelled due to misconduct or inappropriate behaviour the event payment in full is non-refundable.

Class or Event payments are not refundable in the event that you fail to complete the Class or receive your information or change your mind. This applies in the case of defaulting on a payment arrangement. Once the Class materials have been emailed to you, no change can be made to your order unless to add further courses.

Classes and Events Disclaimer

Whilst every effort is made to ensure your Class and Events participation is safe and enjoyable, it is wholly your responsibility as the guest/client to ensure your safety, and you assume all risks and responsibility for any losses and or damages of any kind (including indirect or consequential loss or damage) arising in any way as a result of your attendance at or participation in Class and Events, except to the extent it is caused by the negligence of Soul Vida Fit Pty Ltd, its officers or employees, where our liability is limited to the fullest extent permitted by law to fees paid by you under these Terms.

Classes and Events Liability Waiver

Soul Vida Fit Pty Ltd and Makita Gabriel and its facilitators in offering Classes and Events are fully exempt and released from any liability of any kind (including special, indirect or consequential loss or damage of any kind) for guests/client’s negligence, act or omission, breach of any other legal rights, personal injury, loss, damage to property, death or any other cause, except to the extent it is caused by the negligence of Soul Vida Fit Pty Ltd, its officers or employees, where our liability is limited to the fullest extent permitted by law to fees paid by you under these Terms.

You are taken to have read this Liability Waiver and Release and Accept by booking the Class or Event and making payment, including by or with a deposit.

Soul Vida Coaching Services Terms

When booking a coaching session with Makita Gabriel or one our Studio Instructors please note that your Full Payment confirms your booking. Tentative or part paid bookings are not available.

Purchases for products and services must be paid for at the time of BOOKING.

Your full payment for all our services and products CONFIRMS your booking.

Please purchase our services and products with the goodwill and integrity knowing that you have the funds to process your order.

Makita Gabriel and Soul Vida Fit Pty Ltd reserves the right to forfeit any booking or purchase that is not fully paid for at the time of booking and/or purchase. Thank you for your understanding and cooperation.

Coaching Late Cancellation Fees

Should you arrange a scheduled appointment and then change this appointment within 12 hours of the appointment, you will be subject to a $15 AUD cancellation fee, regardless of any refund owing.

Coaching Disclaimer

Whilst every effort is made to ensure your coaching participation is safe and enjoyable, it is wholly your responsibility as the client to ensure your safety, and you assume all risks and responsibility for any losses and or damages of any kind (including indirect or consequential loss or damage) arising in any way as a result of your participation in Coaching, except to the extent it is caused by the negligence of Soul Vida Fit Pty Ltd, its officers or employees, where our liability is limited to the fullest extent permitted by law to fees paid by you under these Terms.

Coaching Liability Waiver

Soul Vida Fit Pty Ltd and Makita Gabriel and its facilitators in offering Coaching are fully exempt and released from any liability of any kind (including special, indirect or consequential loss or damage of any kind) for guests/client’s negligence, act or omission, breach of any other legal rights, personal injury, loss, damage to property, death or any other cause, except to the extent it is caused by the negligence of Soul Vida Fit Pty Ltd, its officers or employees, where our liability is limited to the fullest extent permitted by law to fees paid by you under these Terms.

You are taken to have read this Liability Waiver and Release and Accept by booking the Coaching and making payment, including by or with a deposit.

Advice Disclaimer

All materials, services, products and programs available through Soul Vida Fit Pty Ltd and its sister websites and /or Makita Gabriel are written to inspire, instruct, empower and transform you to recognise and realise the greatness that lies within you.

Please Note that the self-help practices, exercise programs, suggestions, techniques, breathing exercises described in the Soul Vida Workout Method and its associated Websites are intended to be purely educational and entertainment purposes and are subject to the readers own responsibility and authority.

These are not intended to replace the advice of a professional medical practitioner. Neither Soul Vida Fit Pty Ltd or any of Soul Vida Fit’s other sites or its representatives are qualified to diagnose or offer medical advice, or medical treatment. If you feel that you may have a medical condition, we advise you see your own qualified medical advisor and receive a full and proper medical assessment.

Limitation of Liability

Soul Vida Fit PTY LTD, and/or Makita Gabriel and its facilitators shall not be liable for any loss or damage of any kind, (including special, indirect or consequential damages of any kind) that results from the use of and, interpretation of the materials, services and programs throughout this website soulvidafit.com.au or The Soul Vida Method programs and services. These are provided strictly “as is” without warranty or representation of any kind to the fullest extent permitted by law.

Terms of Use for Digital Products

Products that are delivered in a digital format, including .PDF and MP3 files, accessed by means of electronic download, are protected by Australian and International copyright law and are for your personal use only. They may not be shared with others, posted on any website or blog, distributed by any means whatsoever and used in any public forum, class, workshop or seminar, live, by Internet, webinar or by phone. Violation of this policy will result in financial liability for all illegal and unauthorised downloads, immediate product forfeiture and the initiation of legal proceedings that can include, but are not limited to, copyright violation, wire fraud, and theft of intellectual property (including special, indirect or consequential damages of any kind). By purchasing our products and services, you are agreeing to abide by these Terms of Use for Digital Products and any other terms of use applicable to any digital products from time to time, including at the point of sale or download.

Digital Product Delivery: Upon purchase you will receive an email with a link to your product. It is your sole responsibility to ensure you can access this link and download the digital product to your chosen device including without limit data access or storage and any software or operating system.

Digital Products Disclaimer

Whilst every effort is made to ensure our digital products are safe and enjoyable, it is wholly your
responsibility as the client to ensure your safety, and you assume all risks and responsibility for any losses and or damages of any kind (including indirect or consequential loss or damage) arising in any way as a result of your use of our digital products, except to the extent it is caused by the negligence of Soul Vida Fit Pty Ltd, its officers or employees, where our liability is limited to the fullest extent permitted by law to fees paid by you under these Terms.

Digital Products Liability Waiver

Soul Vida Fit Pty Ltd and Makita Gabriel and its facilitators in offering digital products are fully exempt and released from any liability of any kind (including special, indirect or consequential loss or damage of any kind) for guests/client’s negligence, act or omission, breach of any other legal rights, personal injury, loss, damage to property, death or any other cause, except to the extent it is caused by the negligence of Soul Vida Fit Pty Ltd, its officers or employees, where our liability is limited to the fullest extent permitted by law to fees paid by you under these Terms.

You are taken to have read this Liability Waiver and Release and Accept by purchasing or using the Digital Product and making payment, including by or with a deposit.

Soul Vida Fit Pty Ltd Photo Video Disclaimer

Soul Vida Fit Pty Ltd reserves the right to take and use photos/ video at any event organised or sponsored by Soul Vida Fit Pty Ltd, or any activities at Soul Vida Fit, without any expressed written permission of those included within the photographs/video. Soul Vida Fit Pty Ltd may use the photograph / video in publications or other media material produced for promotional, marketing, educational or other purposes, including but not limited to websites, magazines, brochures, etc.

A person/client attending a Soul Vida Fit Class, Event, Escape or Retreat who does not wish to have their image recorded for distribution should make their wishes known to the event organizer and/or contact Soul Vida Enterprises at hello@soulvidafit.com.au expressing their wishes.

Un-authorized audio (including on phones) photography or visual recordings of events by any other person are prohibited and you agree to comply with all reasonable directions by us in that regard.

General Liability Waiver and Release

Without limiting anything else in these Terms, the following terms apply to all our product and services. Soul Vida Fit Pty Ltd and Makita Gabriel are dedicated to empowering individuals with a starting point for wellbeing, fitness, self-discovery, contemplation and empowerment.

Whilst every care is taken in the preparation and design of the Soul Vida fitness and exercise program and services, some exercises may not be suitable for your body. Participants and users of this exercise program and our services assume all responsibility and the risk of injury in performing the exercises. Exercise and health related matters can vary from person to person.

Soul Vida Fit PTY LTD, and/or Makita Gabriel shall not be liable for any loss or damage of any kind, (including special, indirect or consequential damages of any kind) that results from the use of and, interpretation of the Soul Vida fitness and exercise program or services. These are provided strictly “as is” without warranty or representation of any kind to the fullest extent permitted by law.

Please note that all information provided during your class or event is not intended to take the place of medical advice from a health care professional and is not intended as medical advice, diagnosis or treatment. Neither Soul Vida Fit Pty Ltd or any of Soul Vida Fit’s other sites or its representatives are qualified to diagnose or offer medical advice, or medical treatment. If you feel that you may have a medical condition, we advise you see your own qualified medical advisor and receive a full and proper medical assessment.

If you, the client chooses to cancel or vacate the class or event prior to the end of the event, you do so of your own choosing and are solely responsible for your conduct and any health/medical consequences. Soul Vida Event & Services listings are based on information found on the official Soul Vida website and or the Event Co-Ordinator’s information. Whilst we endeavour to keep all information as accurate as possible, there may be instances, where information is subject to change without notice. These are provided strictly “as is” without warranty or representation of any kind to the fullest extent permitted by law. Always check with the official website for up to date information about classes and events.

Whilst every effort is made to ensure your product or service is safe and enjoyable, it is wholly your
responsibility as the person/client you assume all risks and responsibility for any losses and or damages as set out in these Terms. Any action whatsoever which is taken based on the product, service or contents of the Soul Vida Fit website or any of its related sites, materials, products or information is to be used solely at your own discretion, risk and liability.

Soul Vida Fit Pty Ltd, Makita Gabriel and its facilitators in offering Soul Vida products and services are fully exempt and released from any liability of any kind (including special, indirect or consequential loss or damage of any kind) for guests/clients negligence, act or omission, breach of any other legal rights, personal injury, loss, damage to property, death or any other cause except to the extent it is caused by the negligence of Soul Vida Fit Pty Ltd, its officers or employees, where our liability is limited to the fullest extent permitted by law to fees paid by you under these Terms.

Additional Policies

You also agree to comply with all Soul Vida Fit policies (including class etiquette) notified to you or which are available on our Web Site. It is your sole responsibility to ensure you are aware of these policies.

You Accept & Understand and Agree to the Terms and Conditions of the Products and Services provided by Soul Vida Fit Pty Ltd.