Terms & Conditions

Last Updated: 8 May 2025

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR ENROLLING IN OUR SERVICES

These are the Terms and Conditions (Terms) for use of this website being www.evolvebychoice.com.au (Site) and our social media channels.

This Site is operated by Empowered Growth Academy Pty Ltd (ACN 684 900 490) trading as Evolve by Choice (“Evolve by Choice,” “we,” “us,” or “our”), a company based in Queensland Australia.

Participant refers to the individual taking part in the Services. This may include an adult participating in the Services themselves, or a minor child on whose behalf an adult responsible for their care (e.g., a parent, guardian, authorised carer, case worker, or relevant agency) (“Responsible Adult”) has enrolled them and agreed to these Terms.

Please read these Terms carefully. They apply to all users of the Site and our services, including clients and visitors (“you,” “your”). Together with our Privacy Policy, these Terms govern your use of the Site and participation in our programs, events, or retreats, including breathwork, cold exposure (ice baths), somatic tools, honouring circles, emotional release, and nervous system regulation (“Services”).

GOVERNING LAW AND JURISDICTION

By accessing our Site or enrolling in our Services, you confirm that you have read, understood, and agree to be bound by these Terms. Submitting an online form, joining a program, or otherwise engaging with our Services constitutes your express acceptance of these Terms.

Our Site is accessible throughout Australia and internationally. However, we make no representation that the content on our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of your jurisdiction.

All Terms shall be construed in accordance with and governed by the laws of the State of Queensland, 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 Queensland, Australia, regardless of location, including Services provided online or internationally.

CONSENT TO SITE TERMS OF USE

By accessing or using our Site or social media channels, enrolling in or participating in our Services, or accessing any materials we provide—including blog posts, newsletters, videos, training materials, and other resources (Content), whether free or paid—you are deemed to have accepted these Terms.

By using the Site, enrolling in or participating in our Services, or accessing our Content, you warrant that you:

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;
have read and accepted these Terms; and
will comply with these Terms.

If you are a Responsible Adult enrolling a minor in our Services, you warrant that you have the legal authority to accept these Terms on their behalf.

By remaining on this Site 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, please contact us before proceeding.

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

The Participant (if an adult) or the Responsible Adult on behalf of a minor Participant understands that participating in our programs, events, or retreats, including breathwork, cold exposure (ice baths), somatic tools, honouring circles, emotional release, and nervous system regulation, 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 or heart rate – These changes could result in physical discomfort, particularly for those with cardiovascular conditions;
Emotional release or energetic shifts – This could evoke intense feelings, memories, or past trauma, which may be particularly challenging for adult or minor Participants with a history of anxiety, depression, or other mental health conditions;
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 breathing techniques or prolonged postures; and
Altered states of consciousness – These may affect coordination, awareness, or perception, potentially leading to disorientation.

Cold Exposure (Ice Baths) Risks

Hypothermia – Prolonged exposure to cold water can lead to a dangerous drop in body temperature.
Shock or sudden cardiovascular response – Cold exposure may cause rapid changes in blood pressure or heart rate.
Skin and nerve sensitivity – Extended exposure may result in discomfort or temporary numbness.
Exacerbation of existing medical conditions – Such as Raynaud’s disease, cardiovascular issues, or respiratory conditions.
Increased risk of fainting or dizziness – Particularly when transitioning in and out of the cold environment.

Somatic Tools and Emotional Release Risks

Emotional discomfort – Engaging in somatic practices or emotional release may trigger intense emotions or memories, which could be challenging for Participants with unresolved trauma or mental health conditions;
Physical sensations – Somatic exercises may cause temporary discomfort, such as muscle tension or fatigue, particularly if Participants are not accustomed to body-based practices; and
Psychological stress – Exploring emotions or nervous system regulation may lead to temporary feelings of vulnerability or overwhelm.

Honouring Circles and Nervous System Regulation Risks

Emotional vulnerability – Sharing in group settings or engaging in nervous system regulation practices may evoke strong emotions or discomfort, particularly for Participants who are shy or have social anxiety;
Group dynamics – Interactions with peers in honouring circles may lead to unexpected emotional reactions or conflicts; and
Heightened sensory perception – After engaging in these activities, Participants may experience increased sensitivity to environments, such as crowded or high-energy spaces, potentially leading to stress or discomfort.

Contraindications

Contraindications refer to specific medical or psychological conditions that may make participation in our Services inadvisable due to potential health risks. These include, but are not limited to:

Severe asthma (Participants with asthma should bring an inhaler);
Epilepsy or seizure disorders;
Severe cardiovascular issues (e.g. arrhythmias);
Pregnancy;
Unmanaged high or low blood pressure;
Significant mental health conditions (e.g., schizophrenia, bipolar disorder, or severe anxiety);
A history of fainting or seizures;
Recent physical injuries or surgeries;
Conditions that could be exacerbated by deep breathing, emotional exploration, or group interactions; and
A history of trauma or psychiatric conditions that could be triggered by emotional or somatic practices.

If the Participant has any health concerns or medical conditions, it is strongly advised that the Participant (if an adult) or the Responsible Adult on behalf of a minor Participant seeks clearance from a qualified healthcare provider before participating in our Services. The Participant (if an adult) or the Responsible Adult is responsible for ensuring the Participant is physically and emotionally able to participate.

General Health and Safety Risks

Emotional overwhelm: Activities may evoke strong emotions, which could be challenging for Participants without adequate emotional support.
Altered state of consciousness: These activities may lead to temporary changes in perception or emotional state, which could affect a Participant’s ability to engage in other activities immediately after a session.

By enrolling or participating in these activities, the Participant (if an adult) or the Responsible Adult acknowledges and accepts the risks involved. Participation is at their own or the minor Participant’s risk. Participants and Responsible Adults are required to follow the instructions of Evolve by Choice facilitators and use their discretion to ensure a safe, supportive, and appropriate environment.

ACKNOWLEDGMENT OF VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK

By enrolling or participating in our Services, the Participant (if an adult) or the Responsible Adult acknowledges that participation is voluntary and they are engaging in these activities with full awareness of the potential physical and emotional risks. The Participant (if an adult) or the Responsible Adult understands they are responsible for their own safety, health, and well-being, or that of the minor Participant, during and after these activities. Participation may be stopped at any time if the Participant feels uncomfortable or unwell.

The Participant (if an adult) or the Responsible Adult acknowledges that Evolve by Choice facilitators are not medical professionals, and any guidance provided is not medical advice. If there are concerns about the Participant’s ability to safely participate, particularly if they have pre-existing health conditions, they are encouraged to consult a qualified healthcare provider. Participation is at the discretion of the Participant (if an adult) or the Responsible Adult, and by enrolling they release Evolve by Choice from liability, except in cases of gross negligence or misconduct, as permitted under Australian law.

RELEASE OF LIABILITY

In consideration for being permitted to participate in the Services provided by Evolve by Choice, the Participant (if an adult) or the Responsible Adult hereby waives, releases, and discharges Evolve by Choice, its directors, employees, facilitators, agents, and contractors 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 harm that may occur during or as a result of the Participant’s participation.

To the fullest extent permissible under Australian law, the Participant (if an adult) or the Responsible Adult waives and releases any claims on behalf of themselves, the minor Participant, or any agent, assigns, executor, trustee, beneficiary, heir, or other party, and discharges Evolve by Choice as described above. The Participant (if an adult) or the Responsible Adult agrees to indemnify and hold harmless Evolve by Choice against any and all claims or liabilities arising out of their actions or conduct while participating in the Services.

Nothing in this clause excludes or limits any rights or guarantees that the Participant or Responsible Adult may have under Australian Consumer Law that cannot be excluded or limited.

MEDICAL DISCLOSURE AND ASSESSMENT

Prior to the Participant participating in any program, the Participant (if an adult) or the Responsible Adult certifies that the Participant is in good physical and mental health and will disclose all relevant medical information to Evolve by Choice when completing the enrolment form or waiver. The Participant (if an adult) or the Responsible Adult understands that it is their responsibility to ensure the Participant undergoes appropriate medical checks, assessments, and consultations with a qualified healthcare professional prior to participation.

The Participant (if an adult) or the Responsible Adult further acknowledges that if they disclose any medical or psychological condition in the enrolment form or waiver, they must provide Evolve by Choice with evidence of medical fitness from a qualified healthcare professional, provided within the preceding six (6) months of the Participant’s participation. If the Participant (if an adult) or the Responsible Adult fails to disclose a condition or provide the required evidence, or if any medical or psychological condition is identified that may compromise the Participant’s safety or the safety of others, Evolve by Choice reserves the right to deny them participating at its sole discretion. This is for the Participant’s well-being and the safety of others.

HEALTH INFORMATION

The Participant (if an adult) or the Responsible Adult understands that ensuring the health and safety of Participants is of utmost importance to Evolve by Choice. To implement appropriate health and safety measures, the Participant (if an adult) or the Responsible Adult hereby consents to the sharing of the Participant’s health information disclosed in the enrolment form or waiver with facilitators and authorised personnel. This sharing of information will be done in accordance with the Australian Privacy Principles and Privacy Act 1988 (Cth).

The Participant (if an adult) or the Responsible Adult acknowledges that the sharing of the Participant’s health information is necessary to assess their suitability for participation in our Services. This information will be treated with the utmost confidentiality and used only for ensuring the Participant’s health and safety during the activities. Evolve by Choice will take reasonable measures to protect the privacy and security of the Participant’s personal health information in accordance with applicable privacy laws.

MEDICAL ADVICE

The Participant (if an adult) or the Responsible Adult acknowledges that any advice provided by Evolve by Choice is from a holistic wellness perspective and should not be taken as professional medical advice. Such advice may include, but is not limited to, breathwork techniques, somatic practices, or emotional regulation strategies, and is intended for educational and informational purposes only. Evolve by Choice is not a medical institution, nor are its facilitators medically trained. The Participant (if an adult) or the Responsible Adult is recommended to consult a qualified medical professional for healthcare-related diagnosis, treatment, and advice.

REQUIREMENT OF INSURANCE

The Participant (if an adult) or the Responsible Adult acknowledges that participating in our Services involves certain risks. While Evolve by Choice maintains insurance coverage for its activities, the Participant (if an adult) or the Responsible Adult understands and agrees that it is their responsibility to obtain and maintain personal insurance coverage for the Participant that provides adequate protection against any personal injury, property damage, or other losses that may occur during participation, in the event that Evolve by Choice’s insurers do not accept a claim. The Participant (if an adult) or the Responsible Adult confirms that they will maintain such insurance for the duration of the Participant’s participation. Evolve by Choice is not responsible for the policies the Participant (if an adult) or the Responsible Adult elects for this purpose.

PHOTOGRAPHIC AND VIDEO RELEASE

Evolve by Choice may capture photographs or videos of Participants during programs, events, or retreats to document their progress, celebrate achievements, or share program highlights. These may be shared with enrolled Participants or used for promotional purposes on our Site or social media channels, taking care to avoid including identifying features or personal information of Participants.

The Participant (if an adult) or the Responsible Adult grants Evolve by Choice the right to use, reproduce, and publish such media for promotional, marketing, or educational purposes without compensation or further consent.

If the Participant (if an adult) or the Responsible Adult does not consent to photography or filming, this will be respected without consequence. You are encouraged to notify us before the session begins.

You may withdraw your consent to the use of any media at any time, including retroactively, by providing written notice to Evolve by Choice via email at admin@evolvebychoice.com.au or in person prior to or after participation.

PARTICIPATION

To ensure the safety and well-being of all Participants, the Participant (if an adult) or the Responsible Adult agrees that the Participant will follow the guidelines provided by Evolve by Choice facilitators before, during, and after each session. These guidelines may include instructions on appropriate clothing, behaviour, or mental preparation. The Participant (if an adult) or the Responsible Adult understands that failure to follow these guidelines could result in adverse reactions, and they agree to take full responsibility for any consequences arising from the Participant’s non-compliance.

RIGHT TO WITHDRAW

Participation is always voluntary. The Participant or Responsible Adult may stop participation at any time if they feel unwell or uncomfortable. This right exists without penalty and will not affect their relationship with Evolve by Choice.

LEARNING AND WELLNESS OUTCOMES

By participating or enrolling in our Services, the Participant (if an adult) or the Responsible Adult acknowledges that Evolve by Choice does not guarantee specific wellness outcomes. Results may vary based on the Participant’s individual abilities, engagement, and other factors beyond our control. Evolve by Choice will not be held liable for any lack of emotional, psychological, or personal development during or after the program.

INTELLECTUAL PROPERTY

OWNERSHIP OF INTELLECTUAL PROPERTY

The Site and Services contain Intellectual Property owned by Evolve by Choice and by third parties that license content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, 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, Services, and access to any Content does not grant or transfer any Intellectual Property rights, title, or interest to you. We do not authorise anyone to use our Intellectual Property or Third-Party Licensed Intellectual Property without our prior written consent.

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, Services, Content, or Evolve by Choice’s Intellectual Property and Third-Party Licensed Intellectual Property, in whole or in part, without our prior written consent. We reserve the right to initiate legal proceedings against anyone who infringes our Intellectual Property.

LINKS TO OTHER WEBSITES

Our Site and social media channels may contain links to third-party websites. Unless expressly stated otherwise, we do not endorse, control, or approve of these websites, nor are we responsible for their content. It is your responsibility to assess the suitability of these external websites, and we recommend conducting your own research before engaging with them.

PRIVACY

These Terms include our Privacy Policy, which can be accessed on our Site or upon request.

PRICES AND PAYMENT

All prices for Services are in Australian Dollars (AUD) and inclusive of any applicable Goods and Services Tax (GST). Prices are subject to change without prior notice. The price charged will be the one in effect at the time your order is validated.

Payments are processed directly through our Site using secure payment gateways compliant with the Payment Card Industry Data Security Standard (PCI-DSS). If paying by credit card, you warrant that you have the necessary rights and authority to use the card. You authorise Evolve by Choice to charge the credit card for any outstanding balances and agree to keep all billing information current.

REFUNDS AND CANCELLATIONS

In accordance with Australian Consumer Law, you are entitled to a refund if the Services provided are not of acceptable quality, as described, or fail to meet the expectations set forth in your agreement. If dissatisfied for these reasons, please contact us immediately. Refunds for faulty Services will be processed to the original payment method within a reasonable timeframe.

For group programs, a minimum of 48 hours’ notice is required to cancel a session, or the session fee will be forfeited. For private sessions, a minimum of 24 hours’ notice is required, or the full session fee will be forfeited. No-shows will result in the full session fee being forfeited.

If we cancel or reschedule a session, you will be offered a refund or credit. Please contact us within 7 days if you wish to request a refund or credit.

If you’ve paid in full for any program, event, or retreat and decide to withdraw, you may request a refund for the unused portion by providing written notice. Refunds will apply to the remaining portion from the date your notice is received. Refunds will not be provided for missed sessions or cancellations due to a change of mind, in line with Australian Consumer Law.

FORCE MAJEURE

Evolve by Choice will not be liable for any failure or delay in performance under these Terms due to events 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, but we are not liable for any losses incurred as a result of such events.

ABSENCES AND ILLNESSES

Fees are charged on a term or package basis, covering the entire term or program rather than individual sessions. No refunds are offered for non-attendance. If a Participant misses a session due to illness or unforeseen circumstances, a make-up session may be offered within the same term or program, subject to availability. Please notify Evolve by Choice as soon as possible, and we will work with you to find a suitable alternative. Make-up sessions are offered at our discretion and depend on available space.

USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS

We appreciate feedback about our Services, as it helps us improve. You may be invited to submit a review or comment on our Site, blog, or social media channels. By submitting feedback, you grant us permission to use it on our Site, social media, or other channels for promotional or other purposes. If you do not want your feedback reproduced, you can notify us at any time via email at admin@evolvebychoice.com.au.

We reserve the right to remove any review or comment that:

contains libellous, unlawful, abusive, or obscene material;
attacks our employees or another contributor;
discloses personal information; or
is unrelated to the post or content being reviewed.

Testimonials provided by you (in any format) may be used, with reference to you, on our Site, social media channels, or other avenues for promotional purposes at our discretion.

CONTACT INFORMATION AND EMERGENCY CONTACTS

Participants, or Responsible Adults enrolling a minor, must provide accurate and up-to-date contact details, including primary phone numbers, email addresses, and at least one emergency contact. It is your responsibility to promptly notify Evolve by Choice of any changes to these details to ensure clear communication and appropriate support in the event of an emergency. We cannot be held liable for any issues arising from outdated or incorrect information.

COMPETITORS ARE EXCLUDED

You are not permitted to use or access any documents or Content on our Site in any way that competes with our business. Evolve by Choice reserves the right to exclude and prohibit any person from using this Site or accessing its Content at its sole discretion.

DISCOUNTS

From time to time, we may offer discounts. Discounts cannot be used in conjunction with other offers or promotions. Discount codes are non-transferable and cannot be redeemed for cash under any circumstances.

WARRANTIES AND DISCLAIMERS

The Site and our Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no representations, guarantees, or warranties about the Site and/or Services, including but not limited to:

that they are suitable, reliable, complete, secure, accurate, or fit for any particular purpose;
that access will be free of any harmful components (including malware or viruses); or
that there is no possibility of failure to store communications or other data.

Nothing in these Terms excludes, restricts, or modifies your rights under the Australian Consumer Law.

COMPETITION & CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64, and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Evolve by Choice’s liability for any breach of these Terms is limited to the supplying of the Services to you again or the payment of the cost of having the Services supplied to you again.

You must be over 18 years of age to use this Site and to enrol a child in our Services.

DEBT RECOVERY

We reserve the right to recover any outstanding payments through a formal debt recovery process. If necessary, we will seek payment for any unpaid invoices, including any applicable interest on the outstanding amount.

INDEMNITY

You hereby indemnify Evolve by Choice and any associated parties and undertake to keep us indemnified against any losses, costs, liabilities, and expenses (including legal expenses and any amounts paid to a third party in settlement of a claim) arising from any breach by you of these Terms, or any claim that you have breached these Terms.

BREACHES OF THESE TERMS

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

send you one or more formal warnings;
temporarily suspend your access to our Site;
permanently restrict you from accessing the Site;
block computers with your IP address from accessing the Site;
contact your internet service provider to request they block your access;
bring court proceedings against you for breach of contract or otherwise;
suspend and/or erase your account with the Site; and/or
erase and/or edit any or all of your content.

Where we suspend or prohibit access to the Site, you must not take any action to circumvent such suspension or prohibition (including creating a different account).

VARIANCE

We may revise these Terms from time to time. Revised Terms will apply to the use of the Site from the date of publication on the Site.

ASSIGNMENT

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

SEVERABILITY

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

ENTIRE UNDERSTANDING

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Site and Services, and supersede all previous agreements in respect of your use of the Site and Services.

HOW TO CONTACT US

If you have any questions regarding these Terms, please contact us via our Contact Us page or via email at admin@evolvebychoice.com.au.