BREATHLESS PTY LTD — TERMS AND CONDITIONS
Last Updated: 22 October 2025
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE, BREATHLESS ACADEMY APP OR PURCHASING ONLINE PRODUCTS OR SERVICES
This page includes the following important terms – Terms & Conditions and Privacy Policy.
These are the Terms and Conditions for use of this website being www.breathlessexpeditions.com, the Breathless Academy App, or for purchasing online products or services (collectively, the “Site”).
This Site is operated by Breathless Pty Ltd trading as Breathless (“Breathless”).
Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you (Terms). These Terms together with our Privacy Policy are very important as they apply to all Site visitors, clients, customers, and all other users of the Site (“user”, “you” and “your”).
1. GOVERNING LAW AND JURISDICTION
By using the Site, you accept these Terms and Conditions in full. If you register, or use an online form, contract services from the Site or purchase a product from the Site, then you expressly agree to these Terms and Conditions.
Our Site, like any other website, is accessible to anyone, which means, it may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including Intellectual Property laws) of any country outside Australia. If you access our Site from outside of Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of New South Wales, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.
Nothing in this clause limits your rights under the Australian Consumer Law, which apply regardless of your location or the governing law of these Terms.
2. CONSENT TO SITE TERMS OF USE
By accessing, viewing or using our Site, Breathless Academy App, our social media channels, participating in an expedition, activity or course, purchasing our products, and any other materials made available to you, including but not limited to our blog, Breathless Journal, newsletter, videos, training material, research and studies (Services) provided on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using the Site, accessing or purchasing any Services, 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 under the age of majority or lack legal capacity, you must obtain consent from a parent or legal guardian to use the Site or purchase Services. Breathless reserves the right to refuse access or services to any user who does not meet these requirements.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms.
You may also accept these Terms where you click “Agree” or “Accept” where such an option is made available to you during your use of the Site. If you are uncertain about the terms or anything else on our Site, please do not hesitate to contact us before completing any purchase.
3. NOT-EXCLUDABLE RIGHTS
For the purposes of these Terms and Conditions, 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. These include, but are not limited to, consumer guarantees under the Australian Consumer Law, such as guarantees that services are provided with due care and skill, are fit for purpose, and are supplied within a reasonable time.
4. ASSUMPTION OF RISK
You understand that participating in extreme expeditions, freediving, breathwork and guided experiences involves inherent risks, both known and unknown. These risks may include, but are not limited to:
- drowning, injury or death due to the nature of freediving activities, including underwater exploration, shallow water blackout, implications from extreme cold and heat exposure, snow expeditions and breath-holding techniques;
- physical exertion, strenuous activity, and exposure to extreme environments and weather conditions;
- health risks associated with breathwork, including hyperventilation, breath holding, changes in blood pressure, and potential adverse reactions;
- hazards related to adventure tourism, such as falling rocks, uneven terrain, wildlife encounters, and unpredictable natural elements.
We ask that you actively listen to the instructions provided by Breathless instructors and apply the directions at your own discretion in a safe and unforced manner. You must follow all safety instructions provided by Breathless instructors and staff to minimise risks. We never recommend that you engage in unsupervised Breathless activities, such as Breakthrough Breathwork, in a location that may endanger you such as driving a vehicle or while near water. You must not participate in any Breathless activities if you have pre-existing medical conditions that may increase the risks, unless you have provided medical clearance as required under these Terms.
You acknowledge that you are voluntarily (under no pressure or duress) participating in these activities with the knowledge of the potential risks involved, and you assume full responsibility for your own safety and well-being. You further acknowledge that any experience you are guided through with instructors should not be attempted unsupervised on your own accord or without vigorous training and extensive experience, and in all circumstances, not near or in a body of water, in proximity to other hazards, or without access to a suitably qualified healthcare professional.
5. RELEASE OF LIABILITY
In consideration for being permitted to participate in Breathless expeditions, freediving, breathwork, and guided experiences, you hereby waive, release, and discharge Breathless, its directors, employees, instructors, 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 death that may occur during or as a result of your participation, to the extent permitted by law. This release does not apply to claims arising from our negligence, wilful misconduct, or failure to comply with consumer guarantees under the Australian Consumer Law.
To the fullest extent permissible at law, you hereby waive and release on behalf of any agent, assigns, executor, trustee, beneficiary, heir or other party and discharge Breathless so described above. You agree to indemnify and hold harmless Breathless against any and all claims or liabilities arising out of your actions or conduct while participating in the activities organised by Breathless, except where such claims arise from Breathless’s negligence or breach of statutory obligations.
6. MEDICAL DISCLOSURE AND ASSESSMENT
Prior to participating in a Breathless expedition, activity or course, you certify that you are in good physical and mental health and you will disclose all relevant medical information to Breathless when you complete the Breathless Medical Questionnaire. You understand that it is your responsibility to undergo appropriate medical checks, assessments, and consultations with a qualified healthcare professional prior to participating in any expedition, activity or course organised by Breathless.
You further acknowledge that when you answer “YES” to any question in the Breathless Medical Questionnaire, you must provide Breathless with evidence of medical fitness relevant to the positive medical disclosure from a qualified healthcare professional provided in the preceding six (6) months to your participation in any Breathless expedition, activity or course, and such evidence must be submitted at least fourteen (14) days prior to the start of the expedition, activity or course.
This may include any of the following conditions:
- full medical examination and assessment of general health and fitness level;
- cardiovascular assessment, including but not limited to blood pressure, heart rate, and electrocardiogram (ECG);
- pulmonary function test (spirometry) and assessment of respiratory health;
- ear, nose and throat examination to evaluate equalisation capabilities and potential risks associated with pressure changes;
- a list of medications or treatments you may require and any impact on participation; and
- any other medical assessments deemed necessary by a suitably qualified healthcare professional based on the nature of the expeditions and activities.
You understand that if you fail to disclose a condition or provide the required evidence or if any medical condition or risk factor is identified during the assessments that may compromise your safety or the safety of others, Breathless reserves the right to deny your participation in any expedition or course notwithstanding the provision of any evidence of medical fitness provided by a healthcare professional at its full and sole discretion.
If your participation is denied, Breathless will provide written reasons for the decision, and you may request a review of the decision by contacting Breathless within seven (7) days of receiving the notice. You acknowledge this is for your own well-being and safety and others participating in the expedition, activity or course.
7. HEALTH INFORMATION
You understand that ensuring the health and safety of participants in Breathless expeditions, freediving, breathwork, and guided experiences is of utmost importance to Breathless. In order to implement appropriate health and safety measures, you hereby consent to the sharing of your health information disclosed in your Medical Questionnaire with Breathless instructors and authorised personnel, defined as staff or contractors or volunteers directly involved in the delivery or safety management of the relevant expedition, activity or course.
This sharing of information will be done in accordance with the Australian Privacy Principles and Privacy Act 1998 (Cth), which govern the collection, use, disclosure of personal and sensitive information as further detailed in our Privacy Policy.
You acknowledge that the sharing of your health information is necessary to assess your suitability for participation in the expeditions, freediving, breathwork, and guided experiences organised by Breathless. You understand that this information will be treated with the utmost confidentiality and will only be used for the purposes of ensuring your health and safety during the activities.
You further acknowledge that Breathless will take reasonable measures to protect the privacy and security of your personal health information in accordance with applicable privacy laws and regulations.
8. MEDICAL ADVICE
You acknowledge that any advice provided by Breathless is purely from an alternate holistic health service perspective and should not be taken as professional medical advice. Such advice may include but is not limited to nutrition, scientific concepts of the body and breathwork, breathwork techniques, exercises and physical fitness, and it is merely intended to be for educational and information purposes only. Breathless is not a medical institution nor are its directors, instructors and authorised personnel medically educated or trained. Breathless does not provide medical services or professional healthcare advice.
We recommend consulting your own medical professional for healthcare related diagnosis, treatment and advice.
9. REQUIREMENT OF INSURANCE
You acknowledge that participating in Breathless expeditions, freediving, breathwork, and guided experiences involving certain risks and hazards. While Breathless itself maintains insurance coverage for the activities it engages in, you understand and agree that it is your responsibility to obtain and maintain your own personal insurance coverage that provides adequate protection against any personal injury, property damage, or other losses that may occur during your participation in the occasion that Breathless insurers do not accept any claim you make.
We recommend obtaining comprehensive travel insurance, personal accident insurance and medical evacuation insurance suitable for high-risk activities such as freediving, adventure tourism and expeditions.
You confirm that you will obtain your own insurance coverage and will maintain it for the duration of your participation. You understand that Breathless will not be responsible for any costs or expenses arising from personal injury, property damage, or other losses that may occur during an expedition or course. Breathless is not responsible for the policies you may elect for this purpose, and you acknowledge to ensure that the relevant insurance responds to the nature of expeditions and activities you may embark on with Breathless.
Breathless maintains public liability insurance and professional indemnity insurance as required by law, but this does not cover personal losses or injuries sustained by participants unless directly caused by Breathless’s negligence.
10. PHOTOGRAPHIC AND VIDEO RELEASE
If you participate in any online or in-person Breathless expeditions, activities, workshops, training or retreats, you grant Breathless the right to use, reproduce, and publish any photographs, videos, or other media taken during the expeditions or activities for promotional, marketing, or educational purposes without compensation or further consent. You understand that you are consenting to the use of photographs and video of your likeness to be used as Breathless deems fit, including on social media, websites, and other marketing materials. If you do not consent, then please let us know prior to attending when you complete our Waiver Form or via email at info@breathlessexpeditions.com and such opt-out must be provided in writing.
11. INTELLECTUAL PROPERT
OWNERSHIP OF INTELLECTUAL PROPERTY
The Site and Services contain Intellectual Property owned by Breathless and by third parties that licence the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trade marks, 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, the Services and access to any Content does not grant or transfer any Intellectual Property rights, title or interest to you in relation to this Site, the Services or the Content. We do not authorise anyone to use our Intellectual Property without our consent or any Third-Party Licensed Intellectual Property.
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, Content or the Services, Breathless’ Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site and Services if you are found to be violating these Terms.
Our Intellectual Property is important to us and we have taken steps to protect aspects of it with IP Australia and therefore reserve our rights to initiate legal proceedings against anyone who infringes our Intellectual Property.
12. LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It is up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your own homework to find that out.
13. PRIVACY
These Terms also include our Privacy Policy which can be accessed on our website.
14. PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any applicable Australian Goods and Services Tax (GST). The prices indicated on the Site may change at any time without advance notice to you. If you’ve purchased our Services, it will be charged at the price in force at the time a customer’s order is validated.
We offer visitors who want to purchase from our Site the option to pay for the Services by credit card or such other method of payment as notified by Breathless from time to time.
Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise Breathless to automatically charge the credit card on file for any and all payment balances and payment plans and agree to keep all billing information current at all times. When making payments to us, you warrant that you have read the terms and conditions of any third-party payment gateway provider or credit provider (e.g. PayPal, Stripe etc) which are available on their respective websites. Breathless uses secure payment gateways that comply with Payment Card Industry Data Security Standards (PCI-DSS) to protect your payment information.
15. WHEN YOU USE OR BUY OUR SERVICES, WE WILL GIVE YOU A LIMITED LICENCE
Where any Service is downloaded by you or to which you are granted access. For example, PowerPoint presentations from an online training course. We grant you a personal, non-exclusive, non-transferable licence to use the Services for your own personal use only. Except as otherwise provided, you acknowledge and agree that you have no right to share, modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any wait exploit any of the Services in any manner, except for modifications in completing the Services for your authorised use.
You shall not remove any copyright notice from any of the Services. Doing so may infringe our Intellectual Property rights, as outlined in these Terms.
16. USER FEEDBACK, COMMENTS AND SUBMISSIONS
We always appreciate interaction on our social media channels and feedback about our Services, as it helps us to improve our Site and Services. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. Where you do decide to submit such feedback or comments, you give us permission to post or otherwise use that feedback on our social media or other channels. If you do not want us to reproduce your reviews, you can email us and let us know at any time.
We reserve the right to remove a review or comment, if such a review or comment: (a) contains libelous or otherwise unlawful, abusive or obscene material; (b) attacks our employees or another contributor; (c) contains material that discloses your personal information; or (d) is unrelated to the post or content to which you have reviewed or commented on.
Our Site features user reviews of the Services and blogs by guest bloggers, these reviews and content of the guest blogs in no way represent the views or opinions of Breathless or its owners, shareholders, employees or others, but are the sole product of its creator. Breathless disclaims all liability with respect to any content submitted by the user or guest blogger.
On our Site, we present real-life examples of insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible but are not intended to represent or guarantee that any current or future users of our Services, programs, courses, products, and/or services will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion, subject to your consent for the use of any personal information (e.g., your name or likeness) including the testimonial. You may withdraw this consent at any time by contacting us at info@breathlessexpeditions.com.
17. DISCOUNTS
From time to time, we may offer discounts including exclusive member only discounts or approved affiliate discounts. Any such discounts cannot be used in conjunction with any offer or discount. Discount codes are not transferable and cannot be redeemed for cash under any circumstances.
18. COMPETITORS ARE EXCLUDED
You are not allowed under any circumstances to use or access any documents or content on our Site in any way that competes with our business. For the purposes of this clause, a competitor is any person or entity engaged in providing freediving, breathwork, adventure tourism or similar services. Breathless reserves its right to exclude and not permit any person using this Site or accessing its content in its sole discretion.
19. WARRANTIES AND DISCLAIMERS
This Site and our Services are provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations, guarantees or warranties of any kind about our Site and/or the Services including that:
- they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
- access will be free of any harmful components (including malware or viruses) or other code that is harmful or may assist in causing harm; or
- there is no possibility of failure to store communications or other data.
Nothing in this clause limits or excludes your rights to consumer guarantees under the Australian Consumer Law, which apply to Services provided by Breathless.
20. REFUNDS, CANCELLATIONS, PAYMENT PLANS AND CONSUMER RIGHTS
By engaging with our services and making a purchase, you acknowledge and agree to the terms laid out in this policy. We strive to balance the interests of both Breathless and our valued clients, ensuring that the terms are reasonable, fair, and clearly communicated.
A. Timing of Payments
Please be advised that full payment for any of our offerings is required six weeks prior to the commencement of the service or event, except for those customers who have opted for a payment plan arrangement. This policy ensures that we can manage our bookings and associated costs effectively, especially for arrangements that require advance commitments such as accommodation, food and appropriate staff for events and expeditions.
B. Variable Policies
Our refund and cancellation policies vary depending on the type of product that you have purchased.
C. Cooling-Off Period
All bookings include a seven (7) day cooling-off period from the date of purchase, during which you may cancel in writing for a full refund of any amount paid. After this period, cancellations are managed under the remaining clauses of this section.
D. Deposits
Deposits (AUD $1,000 or equivalent instalments) secure your place and cover non-recoverable administrative and supplier costs such as accommodation and staffing.
- Refundable within the 7-day cooling-off period.
After 7 days, non-refundable except in exceptional circumstances (e.g. serious illness, injury or hardship supported by evidence).
A credit transfer to a future course may be offered at Breathless’s discretion.
E. Full Payments and Cancellations
If you have paid in full and wish to cancel, the following terms apply:
Notice Before Start Date | Refund Entitlement |
≥ 60 days | 100 % refund less deposit (non-refundable portion) |
30 – 59 days | 50 % refund less deposit |
0 – 29 days | Non-refundable. However, if a transfer is requested and approved under clause 20, G , a transfer fee of $500 will apply in lieu of any refund. |
Cancellations made within 29 days of the start date are strictly non-refundable. Only an approved transfer request under 20G below may be considered within this period.
If Breathless cancels or significantly alters an event, you may elect a full refund or credit.
F. Payment Plans
Payment plans offer flexible access.
- The 7-day cooling-off period applies equally to deposits.
- After that period, instalments are non-refundable except in exceptional circumstances.
- Breathless may pause or extend plans in verified hardship cases.
- Clients are obligated to fulfil all payments, even if the agreement is terminated early by the client, subject to the terms herein, including potential late payment fees for delayed payments.
- Non-payment may result in temporary suspension of access.
- Each monthly instalment is due every thirty (30) days from the initial deposit date.
G. Transfers and Substitutions
We understand that plans can change. To manage logistics fairly and sustainably:
- All transfer requests must be made in writing to info@breathlessexpeditions.com.
- Transfers are subject to the following administrative fees and conditions:
Timing of Transfer Request | Transfer Fee | Conditions |
≥ 60 days before start date | $100 | Transfer may be made to a future event or program without the need for the vacated place to be filled. |
30 – 59 days before start date | $250 | Transfer permitted only if the vacated place is filled by another participant; otherwise cancellation terms (20.4) apply. |
0 – 29 days before start date | $500 | Transfer permitted only if the vacated place is filled by another participant; otherwise cancellation terms (20.4) apply and no refund is available. |
These fees represent genuine administrative and supplier costs rather than penalties.
If a replacement participant is confirmed, your transfer will be processed once payment from the new participant has been received.
H. Workshops and Short Events
If Breathless cancels or reschedules an event, you are entitled to a full refund and fewer ticket fees if booked on Eventbrite or other third-party booking providers, which are non-refundable. All cancellations within seven (7) days of the event will receive a one-time credit to redeem within twelve months of the event date.
Tickets are transferable upon seventy-two (72) hours prior to the event date if you email the details of the new ticket holder’s full name and email address, copying the new ticket holder into the email, including the event date and venue (info@breathlessexpeditions.com). The new ticket holder will need to provide us with any registration form, details and waiver prior to being accepted.
I. Products and Subscriptions
Downloadable Products
These products, which provide immediate access to content without any coaching (live or self-guided), come with a seven (7) day money back guarantee (e.g. the 21 day e-module course).
Subscription Products
These products can be cancelled anytime up to forty-eight (48) hours before the next billing date. Once cancelled, you will maintain access to all of the content until the next billing date would have taken place (e.g. the Inspiration Program).
J. Chargebacks and Debt Recovery
For the purposes of these Terms, “Chargeback” means the reversal of a payment in response to a request that a customer files directly with their issuing bank or payment network provider. If you initiate a chargeback, Breathless reserves the right to dispute the chargeback and provide evidence of your agreement to these Terms. You agree to resolve any payment disputes directly with Breathless before initiating a chargeback.
K. Force Majeure
If an event cannot proceed due to circumstances beyond Breathless’s control (e.g. natural disasters, venue closures or pandemic restrictions), Breathless will offer a reschedule or credit. If you cannot attend the rescheduled date, you may request a refund less deposit or a credit valid 12 months.
L. Summary of Consumer Guarantees
You are entitled to remedies under the ACL if our services fail to meet acceptable standards. Where a major failure occurs, you may choose a refund or reschedule; for minor failures, Breathless will remedy the issue within a reasonable timeframe.
21. MORE LIMITATIONS ON LIABILITY
The disclaimers of liability outlined in any of these Terms and Conditions apply to all customers, clients or visitors, except to the extent that they relate to liability for breach of consumer guarantees under the Australian Consumer Law, negligence, or wilful misconduct, which cannot be excluded.
22. INDEMNITY
You hereby indemnify Breathless and any associated party and undertake to keep us indemnified next to any losses, loss, costs, liabilities and bills (including without restriction legal expenses and also any amounts compensated by us to a third party in settlement of a claim or dispute) sustained or suffered arising from any breach through you of any provision of these Terms and Conditions, or arising from any claim that you have breached any supply of these Terms and Conditions, provided such losses are not caused by Breathless’s negligence, wilful misconduct, or breach of statutory obligations.
23. BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights, if you breach these Terms and Conditions of use at all, or if we reasonably suspect that you have breached these Terms and Conditions of use at all, we may: (a) send you more than one formal warning; (b) temporarily suspend your having access to our Site; (c) permanently restrict you from accessing the Site; (d) block computers with your IP address from accessing the Site; (e) contact your online services provider and request they block your having access to the Site; (f) bring court proceedings against an individual for breach of contract or otherwise; (g) suspend and/or erase your account with the Site; and/or (h) erase and/or edit any of all of your current content.
Where we postpone or prohibit or block your having access to the Site or a component of the Site, you must not take any activity to circumvent such suspension or prohibition or perhaps blocking (including without limitation creating and/or having a different account).
24. VARIATION
We may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to using the Site from the date of the publication from the revised Terms and Conditions on the Site. Breathless will endeavour to notify users of significant changes to these Terms via email or notice on our Site, where practicable.
25. ASSIGNMENT
You hereby agree that you may not transfer, sub-contract or otherwise deal with any of our rights and/or requirements under these conditions without obtaining prior written agreement. Breathless may assign or transfer its rights and obligations under these Terms to a third party, provided such assignment does not adversely affect your rights under the Australian Consumer Law or these Terms.
26. SEVERABILITY
If any of these Terms and Conditions are determined through any court or other competent authority to be unlawful, invalid or unenforceable, the remaining provisions shall continue in full force and effect.
27. ENTIRE UNDERSTANDING
Subject to these Terms and Conditions, together with our Privacy Policy, constitute the overall agreement between an individual and us with regards to your use of the Site, and supersede almost all previous agreements in respect of your use of the Site.
HOW TO CONTACT US
If you have any questions regarding the above Terms, we invite you to connect with us via email at info@breathlessexpeditions.com.
