Terms and Conditions

everheal pty ltd  ·  ABN 47 634 291 553  ·  Victoria, Australia

Last revision date: 18/10/2026  · 

1. ABOUT THESE TERMS

1.1 Who we are. These terms are between you and everheal pty ltd (ACN 634 291 553, ABN 47 634 291 553), trading as everheal, whose registered office is in Victoria, Australia ("everheal", "we", "us" or "our"). Because we are based in Victoria, these terms are governed by Victorian law. Our contact details are [email protected] and +61 468 068 680.

1.2 What these terms cover. These terms apply to our website, emails, landing pages, social media, online portal and community, and to all of our services and products, including:

•   self-paced, group and one-to-one programs, including the 4-Step LIFE Formula Program (DIY, Signature and VIP), the Let's Gut Healthy Program and any other program we offer ("Programs");

•   one-to-one and group coaching, including regular coaching subscriptions, Health Breakthrough Sessions, catch-up sessions and discovery calls ("Coaching");

•   live and virtual events, workshops, masterclasses (including the Healing Activation Code Masterclass) and presentations ("Events");

•   retreats and multi-day wellness experiences held in Australia or overseas, including everheal escapes ("Retreats");

•   9D Breathwork and other breathwork, somatic, activation or relaxation sessions ("Breathwork Sessions");

•   digital products and resources, including guides, meal plans, recipes, bundles, diet analyses and the Signature Smoothie System ("Digital Products"); and

•   our affiliate program and any prize or promotion we run.

1.3 Acceptance. By visiting our website, registering, booking, paying for or taking part in any of our services, you agree to these terms, and to any additional terms for that service. If you do not agree, please do not use our services. You must be at least 18 years old to buy from us or take part, unless we have agreed otherwise in writing with a parent or guardian.

1.4 Which terms apply first. If these terms conflict, this order applies: (1) the Breathwork waiver you sign (section 11 and Appendix A) for Breathwork Sessions; (2) the separate terms and conditions for a particular Retreat, and section 10, for Retreats; (3) the specific section of these terms for the service you have bought; then (4) the general sections. Any written offer or sales page that you accepted forms part of your agreement with us.

1.5 Changes. We may update these terms from time to time. We will post the new version on our website and, for changes that materially affect something you have already paid for, give you at least 14 days' notice by email. Changes do not reduce your rights under the services you have already paid for. Continuing to use our services after a change means you accept the updated terms.

1.6 Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL"). Nothing in these terms limits those rights.

2. HEALTH INFORMATION AND NO MEDICAL ADVICE

2.1 everheal provides education, coaching, practical lifestyle guidance and wellbeing experiences. Everything we share, in person, online or in writing, is general information only. It is not medical, dietetic, psychological, legal or other professional advice, and it does not diagnose, treat, cure or prevent any disease or condition.

2.2 We are not a medical practitioner, dietitian, psychologist or other registered health practitioner, and we do not claim to be. Our coaching is designed to complement, not replace, the care of your doctor and other qualified health professionals.

2.3 Please speak with your doctor or health practitioner before starting any program, diet, exercise, breathwork or lifestyle change, particularly if you have a medical condition, are pregnant or breastfeeding, take medication, or have a history of an eating disorder. Do not stop or change prescribed medication or treatment because of anything we share. If you think you may have a medical emergency, call 000.

2.4 Results vary from person to person and depend on many factors. We do not promise or guarantee any health outcome, including any improvement, remission or reversal of any condition. Personal stories, including the founder's own experience, and client testimonials are individual experiences. They are not typical and are not proof that any diet, practice or program will work for you.

2.5 You are responsible for your own decisions and for telling us about anything that affects your participation. You agree to give us accurate and complete health information and to tell us promptly if your health changes. We may modify or decline your participation in an activity if we reasonably believe it is unsafe for you or others.

2.6 Our sessions are not counselling or psychotherapy. If you are distressed, please tell us so we can help you find support. In Australia, Lifeline is available on 13 11 14 at any time.

2.7 Movement, food and supplements. Any exercise, movement, stretching or relaxation we suggest should be adapted to your own ability and medical advice, and you should stop if you feel pain, dizziness or distress. Food and nutrition ideas are general, and you are responsible for checking ingredients against your own allergies, intolerances and medical needs. We do not recommend that you start, stop or change any supplement or medication without advice from your doctor or pharmacist, because supplements can interact with medicines or conditions.

2.8 No professional relationship. Using our site, platforms, products or services does not create a doctor-patient or other health practitioner relationship between you and us. Dietary and nutritional information we share, including information from third-party providers, is general information provided for your convenience and is widely available.

2.9 Results. We cannot and do not guarantee your ability to follow our recommendations, or that you will get results or improve your health using any of our ideas, information, tools, videos, handouts, checklists or strategies. There is inherent risk in any health or dietary activity. Any numerical results from us or our clients, on our site, in our videos, forums, Programs, products or services, illustrate concepts only and are not promises of actual or future performance. everheal provides support, guidance and tools to help you set goals, decide priorities and work towards results, but your decisions and actions (or inaction), and their consequences, are your responsibility. Your success depends on many factors, including your dedication, participation, desire and motivation, which we cannot guarantee.

2.10 Sources of information. Where we share information gathered from experts, scientific researchers or accredited health practitioners, it is shared for general education. We take reasonable care to share it accurately, but it is not generated by us and may change as research develops.

3. ACCOUNTS, PORTAL ACCESS AND CONDUCT

3.1 Accounts. When you register for our portal or community, you must give accurate details, keep your password confidential, and tell us if you suspect unauthorised use. You are responsible for activity on your account. Access is for you only and must not be shared.

3.2 Conduct. We want everyone to feel safe and respected. You must not post or send anything unlawful, abusive, harassing, discriminatory, misleading or that infringes someone else's rights, and you must not share other members' stories or information outside the group. We may remove content, and suspend or end your access if you breach this section, after warning you where reasonable, and we will tell you why unless safety or the law prevents us. If we end your access because of your conduct, we are not required to refund you, except where the ACL requires it.

3.3 Portal access. Self-paced Program access lasts 180 days from registration unless your offer says otherwise. This limit applies to self-paced digital Program content only. It does not apply to live Events, Breathwork Sessions or one-to-one consultations. Access ends after that period and, if you have not finished the Program by then, it is not extended, credited or refunded, regardless of time spent in the portal, unless we agree to an extension in writing or the ACL requires otherwise.

3.4 Your content. You keep ownership of content you post, and you give us a licence to use it as set out in section 14.

3.5 Technology. You are responsible for your own device, internet connection and the software needed to access online sessions and the portal. We use third-party platforms (for example for video calls, email, payments and the portal) and are not responsible for outages or problems outside our reasonable control. If a session is lost because of our technical problem, we will reschedule it.

3.6 Confidentiality. What other participants share in private groups, group sessions, calls and retreats is confidential and belongs to the person who shared it. You may talk about your own results, but you must keep other participants' experiences and statements, spoken or written, strictly confidential, and not use or share them outside the group (including screenshots or recordings). Our programs, materials and information are our confidential information and intellectual property, and you may use them only as we allow. We keep your information confidential and will not sell it. We disclose it only where the law requires, or for the purposes of your agreement with us, such as to deal with a query, payment or claim. If you breach this clause or threaten to, we may seek an injunction, as well as other remedies.

3.7 Registering. Before you buy our Programs or products you must register an account with us. You must give accurate, complete and up-to-date details and tell us if they change. We may ask for identification to verify who you are.

3.8 Passwords. Keep your password and member details secure and do not share them. Tell us straight away if your password is lost or known to someone else. You are responsible for all use of your account, including purchases made with your card or payment details. Where a service is for one user only, you must not let anyone else use it.

3.9 Community and social media. Our online community includes a private Facebook group. You are responsible for creating your own social media accounts and for asking to join our groups. We do not screen users or check what they post, and we make no promises about other users' conduct. You accept the risks of online and offline interactions with other people. We may edit or delete any post. Our groups are pitch-free, solicitation-free and sales-free spaces for learning and support, so please do not post advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or promotion of competing groups, events or services unless we permit it. Our Community Guidelines are in Appendix B.

3.10 What you must not post or do. You must not post, send or do any of the following: content that is unlawful, fraudulent, misleading, threatening, abusive, defamatory, obscene, indecent or harassing; content that degrades or is hateful to a person or group because of religion, gender, sexual orientation, race, ethnicity, age or disability; other people's personal information without their consent; anything that impersonates a person or organisation; non-public information about companies; viruses or harmful code; contacting anyone who has asked not to be contacted; collecting other users' personal data; or using bots, scripts or automated tools to access our site or data.

3.11 What we ask of clients. You agree to give us accurate information, tell us about changes to your contact details, tell us about any difficulties with our team, procedures or training, and be civil and respectful at all times. Abusive language or harassment of our team is not acceptable, and if it happens we may, acting reasonably, end or limit your access to our services.

4. PRICES AND PAYMENTS

4.1 All prices are in Australian dollars. everheal pty ltd is not currently registered for GST, so no GST is charged. If that changes, we will tell you and apply GST only to purchases made after that date.

4.2 We accept credit card payments through Stripe, with no surcharge, and bank transfer. Payments are processed securely by Stripe, and we do not store your card details.

4.3 Coaching subscriptions. Some clients sign up for regular coaching sessions that are charged on a recurring basis, usually monthly, but sometimes on a different schedule that we agree with you individually and confirm in writing before you start (a "Subscription"). For each Subscription:

•   we email you an invoice 3 to 5 days before the payment is due, showing the amount, the period it covers and how to pay (by credit card through Stripe, or by bank transfer);

•   you can cancel at any time by giving us 14 days' written notice by email to [email protected], and your Subscription will then stop, so that no further invoices are issued after the notice period ends;

•   if an invoice has already been issued before we receive your notice, you must pay that invoice, including where the 14 days have not yet ended, and you will receive the sessions it covers;

•   a Subscription continues until you cancel, and its price and schedule stay the same unless we both agree to change them, or we give you at least 30 days' written notice of a price change, in which case you may cancel before it takes effect.

4.4 Payment plans. Payment plans for Programs, Retreats and other services are offered case by case and are only available if we have agreed them with you in writing before you start. Your plan sets out each instalment and its due date. Your total commitment is the full price shown in your offer, and an instalment plan does not reduce or cancel the price. We send each instalment invoice or reminder before it is due.

4.5 Non-payment. If you do not pay an invoice or instalment by its due date, we may, without further notice, immediately suspend or remove your access to the Program portal, private groups, community, coaching sessions and any other part of the service. We will email you to tell you what has happened and how to fix it, and we may restore your access once the overdue amount is paid, at our discretion. Amounts that fell due before your access was removed remain payable. Where we remove you because the full cost of a Program has not been paid, instalments that would have fallen due after the removal are cancelled, unless we agree in writing to reinstate you. If an overdue amount remains unpaid after we send a written notice giving at least 14 days to pay, we may refer it to a debt collector or credit reporting body, and you may have to pay our reasonable costs of recovery, as the law allows.

4.6 Invoices. Invoices are generated automatically and you can request one at any time by emailing [email protected]. Where we invoice you, payment is due by the due date on the invoice.

4.7 Price changes. We may change prices for future purchases at any time. A price change does not affect what you have already paid for, a payment plan you have already started, or a Subscription (except as set out in clause 4.3).

4.8 Monthly Membership. The everheal Monthly Membership is a recurring subscription that includes: weekly 9D Breathwork, meditation, visualisation or space-holding sessions, offered in the morning or evening to suit different time zones, as a mix of up-regulation (activating) and relaxation sessions; and a 1-hour weekly group coaching session to help you stay on track. It is separate from the 180-day portal access for Programs. Sessions are held live online at the times we publish, and we may change session times, formats and facilitators, or replace a session, where we reasonably need to, while keeping the weekly offering. Missed sessions are not refunded or carried over, but we may make replays available where possible. Breathwork sessions in the Membership are Breathwork Sessions under section 11, so you must complete the 9D Questionnaire and Waiver Form before your first session, update it if your health changes, and complete it again when we ask (at least once a year). Sessions may be recorded under section 8.4. Membership fees are billed monthly in advance. You can cancel at any time by emailing [email protected] or through your account settings, and your access continues until the end of the current billing cycle. We do not give pro-rata refunds for partial months already billed. Before you join, we will clearly show the price, billing period and how to cancel.

4.9 Member discounts. From time to time we may offer members additional products or services at a discount. To be eligible, you must be an active member in good standing when you buy.

5. CANCELLATIONS AND REFUNDS

5.1 Your ACL rights always apply. Our services come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have services fixed or re-supplied if they are not of acceptable quality or do not match their description, and the failure does not amount to a major failure.

5.2 General policy. Apart from your ACL rights and the specific rules in this section 5 and sections 6 to 12, payments are non-refundable. Subscriptions are cancelled under clause 4.3. This applies if you change your mind, are too busy, or do not use what you have paid for. Please make sure a program, product or experience is right for you before you buy. You are welcome to book a free discovery call with us first.

5.3 Exceptional circumstances. If something genuinely unexpected happens to you (for example, serious illness, injury or bereavement), please email us. We will consider your situation fairly and respond in writing within 14 days, and may offer a deferral to a later date, a transfer to another everheal service, a credit or a partial refund. We will explain our decision.

5.4 When we cancel or cannot deliver. If we cancel a Program, Event or Retreat, or cannot deliver what you paid for, we will offer you a full refund of what you paid for it, or a transfer to another date or service if you prefer. This does not include costs you arranged yourself (such as flights or accommodation), except where the ACL requires it.

5.5 How refunds are paid. Once we decide a refund is due to you, we pay it within 30 days of that decision, to the card or account you used to pay wherever possible.

5.6 Payment disputes. If you think a charge is wrong, please contact us first so that we can fix it quickly. Nothing in these terms limits your right to dispute a charge with your bank or card issuer where the law allows.

5.7 Postponements. You may postpone your start date for a Program with at least 7 working days' written notice before your start date, subject to availability. Your payment plan dates move with it. We will tell you the outcome of your request within 7 working days.

5.8 Reasons we cannot refund. Apart from your rights under the ACL, we do not give refunds because you did not review the information on our site before enrolling, chose the wrong product or Program, had a change of circumstances or financial hardship (please contact us early, because we try to work with clients who are having financial difficulty), saw a different price elsewhere, or were unwilling or unable to follow the requirements of a Program, or because you were removed for misconduct.

5.9 Overpayment. If you paid more than the fee advertised when you enrolled, we will refund the difference.

6. PROGRAMS

6.1 Program tiers. Each Program is described on its sales page, including what is included in each tier (for example DIY, Signature with weekly group coaching, and VIP with weekly one-to-one coaching). The sales page at the time you purchase forms part of your agreement with us.

6.2 Coaching and group sessions. Group and one-to-one sessions included in a Program are scheduled in advance. You can reschedule with at least 24 hours' notice, and we will make reasonable efforts to find another time. Sessions missed without notice are forfeited, but we will make a recording available for group sessions where possible. Unused sessions are not refundable or extendable, unless we cancel a session, in which case we will reschedule it.

6.3 What we provide. We provide education, tools, guidance and support. Making and sustaining changes is your decision and responsibility, and the results you achieve depend on many factors, including your own health circumstances and effort.

6.4 Medical suitability. If your doctor advises you not to follow any part of a Program (such as an eating plan or exercise), please tell us before you start or as soon as you know so we can talk through reasonable adjustments. We will not ask you to do anything your doctor has advised against.

6.5 Access needs. If you have a disability or access need that affects how you can take part, please tell us. We will make reasonable adjustments, including adjustments to any Program requirement.

6.6 Content is released on a schedule (drip-fed). Our Programs are deliberately designed so that content is released gradually, week by week or module by module, on the schedule shown on the sales page or in your welcome email. This is so you are not overwhelmed and have time to practise each step, because lasting habit change happens through repetition over time, not by consuming everything at once. Some resources, templates, recipes and tools are linked to specific stages of the Program and are released at the same pace. You will not receive early or full access to later content, and not being able to access everything at the start is not a fault in the service and does not entitle you to a refund. We may adjust the release schedule where needed to improve the Program, as long as you still receive the content described when you bought. If your access period (clause 3.3) is shorter than the release schedule, we will tell you before you buy.

6.7 Communication and response times. Coaching support is provided through the channels and at the times described in your Program or Subscription (for example weekly sessions, or messages answered within 3 business days). We are not an emergency or crisis service and do not monitor messages around the clock. If you urgently need help, call 000, or Lifeline on 13 11 14.

6.8 Portal login. Please allow up to 2 working days after you enrol to receive your online portal login details.

6.9 Weekly catch-up sessions. You can book weekly catch-up sessions for the length of your LIFE Formula Program. Bookings made outside that period are cancelled unless we have given you permission in advance.

6.10 No transfers. Online Programs cannot be transferred to another person.

7. 90-DAY RESULTS GUARANTEE

7.1 What this is. The 90-Day Results Guarantee is an incentive. We have found that people get the most from our 90-day programs when they take their investment in their health seriously and follow the whole program, not just parts of it. The guarantee is our way of backing the program, and it is only for people who do everything the program asks of them.

7.2 Where it applies. The guarantee applies to our 90-day Programs only: the 4-Step LIFE Formula Program (Modules 1 to 7) in its DIY, Signature and VIP tiers, Let’s Gut Healthy and any other 90-day program whose sales page says it includes the guarantee. It does not apply to Retreats, Events, Breathwork Sessions, individual Coaching sessions, Subscriptions, Digital Products, memberships or any other service.

7.3 What you must do. To be eligible you must do all of the following, for the full 90 days, and keep the records that show you have done so:

(a) complete the full Program (Modules 1 to 7 and all associated lessons) in the online training portal, and watch every lesson and daily video;

(b) eat a "clean diet" for the whole Program, meaning no gluten, dairy, sugar, processed foods or alcohol, follow the Program's eating and lifestyle plan every day, and complete daily entries of your progress in the everheal health tracking e-journal;

(c) download and complete every checklist, worksheet and activity linked to each module and lesson;

(d) complete every daily challenge set in the lessons for the full 90 days, and post your completed daily challenge each day in the everheal online community Facebook group, as described in the lesson videos;

(e) complete the baseline wellbeing check-in before you start and the final check-in on day 90;

(f) attend or watch every group or one-to-one coaching session included in your tier, or tell us at least 24 hours ahead if you cannot attend;

(g) seek advice from a functional medicine practitioner, naturopath or your doctor, as recommended in the Program, before you start and again during the Program if you are unwell or have any concerns, to make sure the recommendations are right for you;

(h) not pause or cancel your enrolment or membership at any stage of the Program;

(i) contact us at [email protected] with any concern at any stage during the Program, so we can address it;

(j) pay your Program fee in full, including every payment plan instalment, on time; and

(k) request a guarantee review in writing to [email protected] within 7 days after day 90, and send all of your records as evidence.

7.4 When the guarantee is met. If you have met every requirement in clause 7.3 and you do not feel any improvement in your health or wellbeing by the end of the Program, we will refund the Program fee you actually paid. For this purpose, improvement means any improvement in energy, mental clarity, mood, sleep, digestion or weight, or in any of the symptoms listed in the everheal health tracking e-journal, as shown in your baseline and final check-ins. If you tell us, by any means (in writing, in person, in a call or in an online post), that you have improved in any way during the Program, including weight loss, less fatigue, less brain fog, better sleep, improved happiness, less stress, fewer headaches or fewer cravings, the guarantee is not triggered, because it exists only for people who do the whole Program and see no change.

7.5 How to claim and how we decide. Your written request must describe the nature of your request, give evidence that you met each requirement in clause 7.3, and explain why you believe you are eligible. We will investigate and review your claim against the Program data (such as portal progress, e-journal entries, challenge posts and session attendance), and reply within 14 business days, either asking for more information or giving you the result in writing with our reasons. If your claim is approved, we will pay the refund within 14 days of our decision. The refund does not include add-ons, third-party costs, or any Retreat or Event purchase.

7.6 When it does not apply. If you do not meet any one of the requirements, do not provide your records, make your request outside the 7-day window, or have your access ended because of a breach of clause 3.2, your claim will be rejected. We may extend the 7-day window if you could not meet it for a genuine reason, such as hospitalisation.

7.7 This is not a health promise. The guarantee is a refund arrangement. It is not a promise or guarantee that you will experience any health outcome, and it is not medical advice. It does not require you to do anything your doctor has advised against, and you must not stop or change prescribed medication to qualify. If a requirement is not safe or practical for you, tell us before you start, and any adjustment we agree in writing will count as meeting that requirement.

7.8 Your rights. This guarantee is in addition to, and does not limit, your rights under the ACL. A referral payment to an affiliate is not payable if a client is refunded under this guarantee (see section 15).

8. COACHING, HEALTH BREAKTHROUGH SESSIONS AND HEALTH STRATEGY SESSIONS

8.1 One-to-one sessions are booked online. To reschedule or cancel, please give at least 24 hours' notice by email or through the booking link. Where you give less notice, or do not attend, the session is forfeited and not refunded, unless we agree otherwise in a genuine emergency.

8.2 If you are more than 15 minutes late, we may shorten or cancel the session, but we will still try to give you the value of the full time where we can.

8.3 Health Strategy calls are free, with no obligation. They are a chance for us both to see whether working together is a good fit, and are not coaching or medical advice.

8.4 Recording of sessions. Coaching sessions, group calls and Events are recorded, usually on video call platforms that show a recording notice. By booking or attending, you consent to the recording of your sessions, including the conversations, your image and voice, as we collect them for coaching records, quality, training and marketing. We will remind you at the start of a session. If you do not want a session recorded, tell us before it starts, and we will not record it, but you may not then be able to access recordings of that session. You must not record sessions without our written permission.

8.5 Use of recorded sessions. Recordings, and what you say in them, may be used in any media everheal considers suitable, including our website, social media, advertising, email, courses and presentations, as set out in section 14. This includes where you describe how everheal has helped you. We will not use anything inappropriate in nature, and clause 14.3 limits what we publish about you. Recordings of other participants will not be used without clause 14.1 applying to them.

9. EVENTS, WORKSHOPS AND MASTERCLASSES

9.1 Booking. Tickets are for the named person only. If you cannot attend, you can transfer your ticket to someone else by telling us before the event.

9.2 Cancelling by you. If you give at least 24 hours' notice, we will transfer you to another date or session, or give you credit for another everheal Event. If you give less notice or do not attend, the ticket is forfeited. Payments for Events are otherwise non-refundable.

9.3 Cancelling or changing by us. We may change the speakers, format, venue or timing if needed. If we cancel an Event, you will receive a full refund of the ticket price, or a transfer to another date if you prefer. We are not responsible for optional costs you incur, such as travel or accommodation, except where the ACL requires.

9.4 Recordings. Events may be recorded by us. You may not record, copy or share any Event content without written permission. Section 14 applies to our use of recordings that include you.

9.5 Safety. Please follow venue rules and facilitators' directions, and tell us in advance about any access, mobility or dietary needs so we can try to accommodate them.

9.6 Removal from an Event. We may ask you to leave, or exclude you from, an Event if you are disruptive or behave in a way that is unacceptable or unsafe, after warning you where reasonable.

10. RETREATS

10.1 Retreat Terms. Each Retreat has its own Terms and Conditions ("Retreat Terms") covering that Retreat's dates, price, payment schedule, inclusions, cancellation dates and venue. You accept the Retreat Terms when you pay your deposit or any other payment. They include a participant declaration and health information form that you must complete before you travel. If the Retreat Terms conflict with these terms, the Retreat Terms prevail for that Retreat.

10.2 Standing rules. Unless the Retreat Terms say otherwise, the following apply to every Retreat:

•   Deposit. A deposit secures your place. Deposits are non-refundable, because we pay non-refundable deposits to venues and providers.

•   Payment plans. Instalments must be paid by their due dates. All payments must be complete before the final payment date shown in the Retreat Terms.

•   If you cancel. Refunds and credits depend on the date you cancel, as set out in the Retreat Terms. Wherever possible, we offer you a transfer of what you have paid to another Retreat date, to another everheal service, or to another person, rather than a loss.

•   If we cancel. If we cancel a Retreat, you will receive a full refund of everything you have paid, or a transfer to another Retreat date or everheal service if you prefer. We confirm each Retreat by the confirmation date in the Retreat Terms, so please consider waiting until then before booking flights, or choose flexible fares.

•   Changes. We may change the venue to one of similar standard, and change facilitators, activities and timings where needed because of weather, safety, availability or other circumstances outside our control. If we make a major change, you may cancel within 7 days of our notice for a full refund.

•   Travel. Flights, visas, passports, entry fees, immunisations, transport to the meeting point and personal expenses are your responsibility. Check requirements on Smartraveller and the relevant government websites, because rules change.

•   Insurance. Travel insurance is mandatory for every overseas Retreat. It must cover medical expenses, emergency evacuation, loss and theft, and trip cancellation, and we strongly recommend cover that includes cancellation for any reason.

•   Health and risk. Retreats are not medical treatment. You must complete the health declaration honestly. Retreats can involve stairs, swimming, boat travel, road travel, tropical conditions, breathwork and meditation, massage, cooking and cultural activities. You take part voluntarily, and you accept the inherent risks described in the Retreat Terms.

•   Third parties. Venues, drivers, boat operators, therapists and other providers are independent businesses and their own terms and safety rules apply to their services.

•   Conduct. You must be respectful of other guests, our team, venue staff and local people and customs. We may ask any participant to leave if their behaviour is unsafe, harassing or disruptive, without any refund, to the extent the law allows.

•   Events beyond our control. Section 21 applies. Where we cannot deliver a Retreat because of those events, clause 10.2 ("If we cancel") applies.

10.3 Bali and other overseas Retreats. Overseas Retreats are subject to the laws and customs of the destination. We are not responsible for flight delays or cancellations, missed connections, or problems with your passport or visa. Medical care near some retreat venues may be some distance away, and emergency transport may be delayed.

10.4 Photos and video. Section 14 applies to photos, video and audio taken at Retreats.

11. 9D BREATHWORK AND OTHER BREATHWORK SESSIONS

11.1 What Breathwork Sessions are. 9D Breathwork and our other breathwork, somatic, activating and relaxation sessions are guided personal growth experiences. They are powerful. They are not psychotherapy, they are not a substitute for medical treatment, and they are not medical diagnosis or treatment. Sessions can bring up strong physical sensations and emotional release, such as tingling, lightheadedness, tiredness, laughing, crying or memories. These responses are common, and you can pause or stop at any time.

11.2 Waiver and questionnaire. Before each Breathwork Session (or the first session in a series, if we say so), you MUST complete our 9D Questionnaire and Waiver Form online. It asks for your name, email, emergency contact, breathwork experience, pre-existing medical conditions and the date of your session, and you confirm that you have read the waiver, answered honestly and agree to it. The form confirms that typing your name counts as your legal signature. The waiver forms part of these terms, and its content is set out in Appendix A. If your health changes before a session, tell us and complete the form again.

11.3 Who should not take part. Please speak to your doctor before taking part, and do not take part until you have their clearance, if you:

•   are pregnant;

•   have severe asthma or severe cardiovascular problems;

•   have glaucoma or other serious eye conditions;

•   have severe or uncontrolled high blood pressure;

•   have epilepsy or a history of seizures;

•   have bipolar disorder, schizophrenia or a history of severe psychosis;

•   have had recent surgery or fractures; or

•   have an acute infectious illness.

If you are unsure whether a condition affects you, ask your doctor and tell us before the session. We may decline to include you, or ask you to modify your participation, if we reasonably believe it is unsafe.

11.4 Preparing for a session. Arrive at least 5 minutes early. Eat lightly in the 2 hours before the session. Avoid drugs, alcohol, caffeine and other stimulants for 24 hours beforehand. Bring a water bottle. Please wear comfortable clothing.

11.5 During a session. Breathe in the way you are guided, and stop or slow down if you feel pain, dizziness or distress. Tell the facilitator if you need help. Never practise these breathing techniques while driving, operating machinery, or in or near water, and do not practise them alone at home unless the facilitator has taught you how to do so safely. For online sessions, you must join only from a safe, stationary and private location.

11.6 Optional physical touch (in-person sessions only). Some in-person sessions may include supportive touch from the facilitator. Touch is optional, happens only with your permission, and is limited to your head, shoulders, heart or chest, belly, feet, and arms or hands. It never includes the inner thigh, genital area or any other area you have said is off-limits. You can opt out at the start of the session, or withdraw consent at any stage, without giving a reason.

11.7 Privacy. The information you give us on the waiver form is kept confidential, shared only with the facilitators who need it to look after you, stored securely and destroyed when we are no longer legally required to keep it. We will use your emergency contact only in an emergency, and we will not add it to a marketing database.

11.8 Risk and responsibility. You take part voluntarily, you are responsible for your own wellbeing, and you accept the inherent risks of breathwork. To the maximum extent the law permits, and subject to section 20, the facilitators and everheal are not responsible for injuries, expenses or damages that result from your participation, except where caused by our negligence or breach of a legal obligation.

11.9 Your confirmations. By booking or taking part in a Breathwork Session, you confirm that you have read and understood the risks, contraindications and safety requirements in this section, that you have spoken with a medical professional and been cleared to take part if you needed to, that you voluntarily accept responsibility for your physical and emotional reactions during or after the session, and that you will follow the safety instructions given. If you do not meet these requirements, we may decline to include you in a session.

11.10 Photos. We do not photograph or record participants during Breathwork Sessions unless you have been told in advance, and section 14 applies if we do.

12. DIGITAL PRODUCTS AND RESOURCES

12.1 Your licence. When you buy a Digital Product (such as a guide, meal plan, recipe collection, bundle, diet analysis or the Signature Smoothie System), you receive a personal, non-transferable licence to use it for yourself. You must not copy, share, resell or publish it.

12.2 Delivery. Digital Products are delivered by email or portal access straight after payment. Please contact us within 7 days if you have not received yours.

12.3 Refunds. Because Digital Products can be accessed immediately, they are non-refundable if you change your mind. If a Digital Product is faulty, is not as described, or cannot be accessed, you can have it fixed or replaced, or receive a refund where the failure is major, in line with the ACL.

12.4 Recipes and nutrition information. Recipes and meal plans are general information, and are not tailored to your health needs. You are responsible for checking ingredients against your own allergies, intolerances and medical needs. Our kitchen and recipe testing are not certified allergen-free environments.

13. SPEAKING, CORPORATE WELLBEING AND OTHER BOOKINGS

Speaking engagements, corporate wellbeing programs, sponsorship arrangements and custom services are covered by a separate written agreement or proposal. If that agreement does not cover something, these terms apply to the extent they are relevant.

14. PHOTOS, VIDEO, VOICE AND CLIENT EXPERIENCE

14.1 Permission. By agreeing to these terms, you give everheal pty ltd a non-exclusive, perpetual, worldwide, royalty-free licence to use your image, photograph, video, voice, likeness, name and general location, any recordings of coaching sessions, group calls and Events that include you (including what you say about how everheal has helped you), and any feedback, review, comments or testimonial you give us, in everheal's marketing and promotional materials. This includes our website, emails, newsletters, social media, advertising, presentations, events, retreats, publications and course materials, in Australia and overseas, and in any format. You do not need to sign a separate release, and we do not need to ask each time.

14.2 Editing and payment. We may edit, crop or combine material in reasonable ways and use it without further approval. No payment is owed to you for this use. You consent to the editing and use of this material without attribution, to the extent that is needed under the moral rights provisions of the Copyright Act 1968 (Cth).

14.3 What we will not do. We will never publish your contact details or payment information, or anything we consider confidential, demeaning, controversial or that shows you in a negative light, including personal details about your health condition or diagnosis.

14.4 If you would rather not appear. If you do not want to be photographed or filmed, or want a coaching session left out of our marketing, please tell a team member at the time and we will do our best to leave you out. You may also email [email protected] at any time to ask us to stop using material that includes you in future marketing. We will act within a reasonable time and remove it from our own channels where we reasonably can. We cannot recall printed material or content already shared by others.

14.5 All client experiences are individual. We will describe client experiences and testimonials as individual experiences and will not use any testimonial that claims a cure or a guaranteed result.

14.6 Others. You must not photograph, film or record other participants, or share their images or stories, without their permission.

15. AFFILIATE PROGRAM AND MONTHLY CASH PRIZE

Affiliate program

15.1 Joining. To become an everheal affiliate (an "Affiliate"), you must be at least 18 years old, apply with the details we ask for, and be approved by us. We will confirm by email whether your application was successful. We may decline an application.

15.2 Affiliate code and client discount. If you are approved, we will give you a unique affiliate code linked to your account. A person you refer who enters your code when they sign up for the everheal LIFE Formula Program on the platform where the code is accepted receives a discount off the price of the Program.

15.3 Referral payment. You may receive that discounted amount as a thank you for each paying client you refer, if all of the following are met:

(a) we have received the client's full Program payment in cleared funds (where the client pays by a payment plan, once they have paid the full Program fee);

(b) the client does not apply for or receive a refund, including under the 90-Day Results Guarantee;

(c) you have followed the Affiliate rules in clause 15.5; and

(d) you are not the paying client. We pay eligible referral payments within 30 to 90 days after we receive the client's payment, by bank transfer or PayPal, to the account details you give us.

(e) You are a referral partner in the everheal database before the affiliate client signs up for the program.

15.4 Refunds after payment. No referral payment is made if the client receives a refund. If a client is refunded after we have paid you, you agree that we may deduct the amount from your future referral payments, or ask you to repay it.

15.5 Affiliate rules. As an Affiliate you must: promote everheal honestly and accurately; follow the ACL, the Spam Act 2003 (Cth) and advertising laws; never make medical claims, claim a cure, or promise health results; clearly tell people you may receive a payment if they sign up (for example "affiliate link"); not send unsolicited messages; not use the everheal name, logos or trademarks except as we approve in writing; not offer discounts or benefits we have not authorised; and not misuse your code.

15.6 Your status and tax. You are an independent referrer, not our employee, agent or partner. You are responsible for any tax on payments you receive. You are responsible for giving us correct payment details, and we are not responsible for payments sent to incorrect details you gave us.

15.7 Ending an affiliate arrangement. We may suspend or end your participation if you break these rules or damage our reputation, after warning you where reasonable. We may withhold referral payments that arise from a breach. You may stop being an Affiliate at any time by emailing us.

Monthly cash prize

15.8 What it is. As part of the 90-day Programs, eligible participants have the chance to win a monthly cash prize (the "Prize") for taking part in the everheal online community Facebook group.

15.9 Who is eligible. To be eligible for the Prize you must:

(a) be a current, paying member of one of the everheal 90-day Programs, both when you post and when the Prize is drawn;

(b) follow the community group rules and not post anything that breaks them; and

(c) post daily in the everheal online community Facebook group, sharing your daily challenge and progress. Lifetime access to the Facebook group does not make you eligible for the Prize. Past members, and members of other everheal services who are not currently undertaking an everheal 90-day Program, are not eligible.

15.10 How you enter. Each new eligible post you make in the group earns you one entry into that month's draw, up to one entry per day. A post is eligible if it relates to your daily challenge or progress, follows the group rules, and is original and appropriate. We may not count posts that are duplicates, off-topic, inappropriate or breach the group rules, and we will decide this fairly. Entries do not carry over from one month to the next.

15.11 The draw. We hold one draw each month, on the first available business day of the new month. The winner is selected at random from all eligible entries, provided all of the entries are eligible and appropriate. The Prize amount is set by us and can change month to month at our discretion. We may change a Prize amount for future months, but not after a draw has taken place.

15.12 Notifying and claiming the Prize. We will notify the winner by Facebook, Messenger and/or email. To claim the Prize, the winner must contact us at [email protected] within 7 days of being notified and give us a valid PayPal email address or Australian bank details (BSB and account number). We will transfer the Prize within 7 business days of receiving those details. If the winner does not claim the Prize within 7 days, it is forfeited and we may draw another winner. The winner is responsible for giving correct details, and we cannot recover money sent to incorrect details or make another payment. The Prize is paid by bank transfer or PayPal only, not as physical cash, vouchers or other payment methods, but the winner may ask us to apply the amount as credit towards other everheal products or services. The winner is responsible for any tax on the Prize. The Prize cannot be transferred to another person.

15.13 Misconduct. If we reasonably believe a participant has broken the rules or behaved badly, we may disqualify that participant from the draw, or select a different winner.

15.14 Changes, permits and law. We may change or end the Prize or any other promotion on reasonable notice, but not in a way that removes a prize that has already been won. Where a permit is needed for a promotion, we will obtain it and comply with the law in each state or territory.

15.15 Facebook. The Prize is in no way sponsored, endorsed or administered by, or associated with, Facebook or Meta. Participants release Facebook and Meta from any responsibility connected with the Prize.

15.16 Winners' details. We may announce the winner's name in the group. We use a winner's payment details only to pay the Prize, as set out in our privacy policy.

15.17 Other promotions. Any other prize, giveaway or competition we run is subject to its own published rules, covering eligibility, how winners are chosen, the prize and how it is paid.

16. INTELLECTUAL PROPERTY

16.1 All content on our website, in our Programs, Events, Retreats, Breathwork Sessions and Digital Products belongs to everheal pty ltd or its licensors. This includes the everheal name and logo, the 4-Step LIFE Formula, the Healing Activation Code, our recipes, handouts, videos, audio and course materials.

16.2 You may use this content for your personal use only. You must not reproduce, record, share, sell, teach or use it commercially, or create something based on it, without our written permission.

16.3 Trademarks. everheal^TM is registered trademark of everheal pty ltd. You must not use them in connection with products or services that are not ours, in a way that is likely to confuse people, or in a way that disparages us. Nothing in our site, Programs or social media gives you a licence to use any trademark without our written permission. Other trademarks mentioned belong to their owners, and mentioning them does not mean those owners endorse us.

16.4 Remedies. You acknowledge that damages may not be an adequate remedy for a breach of this section, and that we may seek an injunction to protect our intellectual property.

17. PRIVACY, EMAIL AND SMS

17.1 Privacy. We collect and handle your personal information in line with the Privacy Act 1988 (Cth), the Health Records Act 2001 (Vic) where it applies, and our privacy policy at https://everheal.com.au/privacy-policy. We do not sell your personal information. For Retreats we may share relevant details (such as allergies or mobility needs) with venues and providers, who may be overseas.

17.2 Health information. We collect health information only so that we can look after you and deliver our services safely, and we store it securely. You can ask to see or correct your information at any time by emailing [email protected].

17.3 Marketing messages. By giving us your email address or mobile number and opting in, you agree to receive emails and SMS messages from us. You can unsubscribe from emails using the link in any email, and reply STOP to any SMS to opt out. We comply with the Spam Act 2003 (Cth).

17.4 SMS terms. If you opt in to SMS, you agree to receive messages about your enquiry, customer support, ticket updates, appointment coordination, follow-up, transactional notifications, alerts, service announcements and promotions where applicable. Message frequency varies. Message and data rates may apply, so check with your mobile carrier. Reply STOP to opt out. Carriers are not liable for delayed or undelivered messages. You must be 18 or older to use our SMS service.

18. WEBSITE USE

18.1 You may use our website for lawful, personal purposes. You must not interfere with it, attempt to gain unauthorised access, or copy its content.

18.2 Our website may link to third-party websites. We do not control them and are not responsible for their content or practices. We try to keep our website accurate, but we do not promise it will always be available or error-free.

18.3 Affiliate disclosure. As an affiliate of certain products and services, we may receive payment for recommending or promoting products or services linked from our site, social media, portal or online community.

19. YOUR RESPONSIBILITY FOR YOUR CHOICES

19.1 You are responsible for the choices you make about your health, diet, lifestyle and travel. By taking part in our services, you confirm that you have considered whether they are suitable for you, and spoken to your own health professionals where needed.

19.2 You must take reasonable care of yourself and your belongings and follow safety instructions given by us, our venues and our providers.

20. LIABILITY AND INDEMNITY

20.1 Nothing in these terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot be excluded, including the guarantee that services are provided with due care and skill. Some laws, including laws in Victoria, limit how far a business can exclude liability for personal injury, so these terms apply only to the extent the law allows.

20.2 Subject to clause 20.1, and to the maximum extent the law permits:

(a) we are not liable for indirect or consequential loss, or for loss of profit, revenue, opportunity, goodwill, reputation or data;

(b) we are not liable for interruptions to the availability of our site, portal, Programs or services, or for loss caused by events outside our reasonable control, the acts of independent third parties, your own acts, or your reliance on third-party sites; and

(c) our total liability to you in connection with a service is limited to the amount you paid for that service. This clause does not limit liability for death or personal injury caused by our negligence.

20.3 You agree to compensate us for loss we reasonably suffer, including reasonable legal costs, because you breach these terms, act unlawfully, or post content that infringes someone else's rights. This does not apply to the extent we caused or contributed to the loss.

21. EVENTS BEYOND OUR CONTROL

We are not responsible for failing to deliver any service because of events outside our reasonable control, including natural disasters, severe weather, volcanic activity, fire, flood, pandemics or public health orders, government action, civil unrest, strikes, internet or power outages, or the sudden illness of a facilitator. Where this happens, we will tell you as soon as we can and offer a reasonable alternative, a transfer or a refund as set out in clause 5.4 and section 10.

22. COMPLAINTS AND DISPUTES

22.1 If you have a concern, please email [email protected] so that we can listen and try to resolve it with you in good faith. We will acknowledge your complaint within 3 business days.

22.2 If you are not satisfied, either of us may give a written notice of dispute. We will try to resolve the dispute within 5 business days of the notice. If that does not work, we will try mediation through a mediator agreed by both of us or, if we cannot agree, a mediator nominated by the Australian Commercial Disputes Centre or a similar body, before either of us starts court proceedings.

22.4 How mediation works. The costs of the mediator are shared equally. The mediator decides the procedure for the mediation but has no power to decide the dispute. If the dispute has not been resolved within 14 business days of the mediator being chosen, neither of us has to continue mediating, and either of us may start legal proceedings. While a dispute is being resolved, we must both keep meeting our obligations under these terms. This section continues after these terms end.

22.3 Nothing in this section stops you or us from seeking urgent relief from a court, or stops you from contacting Consumer Affairs Victoria, the Australian Competition and Consumer Commission, the Victorian Civil and Administrative Tribunal or any other authority or tribunal.

23. GENERAL

23.1 Governing law. These terms are governed by the laws of Victoria, Australia. The courts of Victoria, and the Commonwealth courts that sit in Victoria, have non-exclusive jurisdiction.

23.2 Entire agreement. These terms, the specific terms that apply to your service (including any Retreat Terms, breathwork waiver, offer or sales page) and our privacy policy are the entire agreement between us for your services.

23.3 Severability. If a part of these terms is found to be unenforceable, the rest continues to apply, and the unenforceable part is read down or removed to the extent needed.

23.4 No waiver. If we do not enforce a right straight away, we can still do so later.

23.5 Assignment. You may not transfer or assign your membership or your rights under these terms without our written consent, except as set out in sections 9 and 10 for transferring places and tickets. We may transfer our obligations under these terms at any time, after giving you 30 days' written notice.

23.6 Notices. Notices to us must be sent to [email protected]. We may send notices to the email address you gave us.

23.7 Electronic acceptance and records. You agree that accepting these terms online, ticking a box, typing your name, paying an invoice or taking part in a service is a valid way of agreeing to them, and that our electronic records of your acceptance, payments and attendance are evidence of them, unless shown to be wrong.

23.8 No cooling-off period. Unless the law says otherwise, there is no cooling-off period for our services. The law gives cooling-off rights only for certain unsolicited sales.

23.9 Feedback. We welcome feedback when your service finishes, including after Health Strategy Calls, Health Breakthrough Sessions and the LIFE Formula Program, and at any other time. Unless you say otherwise, we treat feedback you give us as non-confidential and may use it as set out in section 14.

23.10 Company details.

Trading name: everheal.

Company: everheal pty ltd, ACN 634 291 553, ABN 47 634 291 553.

Country: Australia.

Telephone: +61 468 068 680.

Email: [email protected].

Website: https://everheal.com.au.

APPENDIX A: 9D BREATHWORK PARTICIPANT WAIVER

9D Questionnaire and Waiver Form. Please read it carefully before you sign.

Questionnaire

•   Email, full name and email address

•   Date of your upcoming session

•   Emergency contact (name and phone), used only in an emergency and not added to any database

•   Have you experienced breathwork before? Yes / No / Somewhat

•   Pre-existing medical conditions, including anything in section 11.3 (please give details)

Preparing for your session

I will arrive at least 5 minutes early, eat lightly within the 2 hours before, avoid drugs, alcohol, caffeine and other stimulants for 24 hours beforehand, and bring a water bottle.

Health and suitability

I understand that breathwork is not recommended, and that I should speak with my doctor first, if I am pregnant, or have severe asthma, severe cardiovascular problems, glaucoma, severe uncontrolled hypertension, bipolar disorder, schizophrenia or severe psychosis, recent surgery or fractures, an acute infectious illness or epilepsy. I have answered the questionnaire honestly and I will tell the facilitator if my health changes.

Nature of the work

I understand that breathwork is a personal growth experience. It is not psychotherapy and it is not medical diagnosis or treatment. It can cause intense emotional and physical release, I can pause or stop at any time, and I will not practise these techniques while driving, operating machinery or in or near water.

Physical touch (in-person sessions only)

I understand that touch is optional and only happens with my permission, in the areas listed by the facilitator. It never includes the inner thigh, genital area or any area I mark as off-limits. I can opt out at the start of a session, or withdraw consent at any time. Physical touch is OK on my head, shoulders, heart or chest, belly, feet, or arms and hands.

Privacy

I understand that my information is kept confidential, shared only with facilitators as needed, stored securely and destroyed when no longer legally required.

Responsibility

I take part voluntarily and I am responsible for my own wellbeing. To the maximum extent the law permits, I understand that the facilitators and everheal are not responsible for injuries, expenses or damages from my participation, except where caused by their negligence or breach of a legal obligation. Nothing in this waiver removes my rights under the Australian Consumer Law.

Agreement and signature

I have read this waiver and the everheal terms and conditions (https://everheal.com.au/terms-and-conditions), I have answered honestly, and I agree. I understand that typing my name below counts as my legal signature.

•   Checkbox: I agree

•   Signed (type your full name)

APPENDIX B: COMMUNITY GUIDELINES

Our online community, including the private Facebook group, is a space for learning, encouragement and support. By joining, you agree to the following.

•   Be kind and respectful. Encourage others. Disagree politely, and no harassment, bullying or discrimination.

•   Keep it pitch-free. No advertising, selling, recruiting, affiliate links or promotion of other groups, events or services.

•   Respect privacy. Do not share what others post outside the group, and do not post other people's personal or health information without their consent.

•   Share your own experience, not medical advice. Please do not tell others to change medication or treatment, diagnose, or promise cures. Encourage people to speak with their own health professionals.

•   Stay on topic. Post about your challenges, progress, questions and wins. Spam, duplicates and off-topic posts may be removed.

•   No unlawful or harmful content. This includes misleading claims, graphic content and anything that puts someone at risk.

•   Ask before you message. Do not contact members who have asked not to be contacted, and do not collect members' details.

•   Moderation. We may edit or delete posts, and remove members who break these guidelines, after warning where reasonable.

•   Prize rules. Posts entered into the monthly cash prize must also follow section 15.