Terms and Conditions
Including Liability Waiver, Privacy Policy, and Participant Acknowledgments
Highest Form Pty Ltd | ABN 28 695 343 689 81
Warrigal Road, Hughesdale VIC 3166
Table of Contents
INTRODUCTION
These Terms and Conditions ("Terms") govern your access to, participation in, and purchase of services from Highest Form Pty Ltd ("Highest Form", "we", "us"). By booking, purchasing, or attending any Highest Form class, workshop, event, retreat, or other service, you agree to be bound by these Terms.
These Terms incorporate:
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Studio class, membership, and package terms
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A comprehensive liability waiver and assumption of risk
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Privacy and personal information handling practices
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Participant acknowledgments and health declarations
AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
Where Highest Form is permitted by law to limit its liability, its liability is limited to the maximum extent permitted by law.
This clause applies despite any other provision of these Terms.
1. DEFINITIONS
"ACL": Australian Consumer Law, Schedule 2 of the Competition and
Consumer Act 2010 (Cth)
"Classes": All yoga, mat Pilates, sculpt, fitness-based, movement-based, breathwork, meditation, sound healing, energy healing, somatic practice, women's circle, and other wellness classes
"Events & Workshops": Workshops, seminars, ceremonies, special events, community gatherings, women's circles, sound baths, and other offerings conducted at the studio, outdoors, or at third-party venues
"Highest Form": Highest Form Pty Ltd, its directors, officers, employees, contractors, instructors, facilitators, agents, and representatives
"Membership": Any ongoing (monthly/direct debit) or upfront (pre-purchased) membership package
"Services": All classes, memberships, workshops, events, retreats, packages, and other offerings
"Retreats": Multi-day or overseas retreat experiences including accommodation, meals, classes, activities, and travel
"You/Your": The person purchasing or participating in any Highest Form service
2. BOOKINGS & CLASS ATTENDANCE
2.1 Booking Requirements
All classes and sessions must be pre-booked via the Highest Form booking platform (Mindbody) or as otherwise notified. Bookings must be made in your own name. Bookings made in another person’s name may be cancelled, transferred or treated as invalid, subject to any rights you may have under the Australian Consumer Law. Payment is required at booking via: class credits, membership allowance, or stored payment method. Please arrive a few minutes early to settle and prepare. Late entry after class starts is not permitted to respect class flow and other participants.
2.2 Cancellations & No-Shows
Our cancellation policy exists to allow community members access to classes and to respect instructor time.
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Early Cancel (no charge): Cancel at least 6 hours before class start time via the booking platform.
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Late Cancel ($10 fee): Cancellations within 6 hours will incur a $10 charge to your stored payment method.
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No-Show ($15 fee): Failure to attend or cancel will incur a $15 charge to your stored payment method.
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Early Morning (6:00am–8:00am): A 12-hour cancellation window applies to early morning classes.
Important: Cancellations must be made via the booking platform only. Phone, email, or social media cancellations will not be processed.
2.3 Class Changes & Instructor Substitutions
Highest Form reserves the right to change, reschedule, or cancel classes due to low enrolment, instructor unavailability, studio maintenance, or circumstances beyond our control.
If Highest Form cancels a class:
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You will be notified via the booking platform and email (where possible).
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You may transfer to an alternative class, receive a credit, or request a refund of fees paid.
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No additional compensation is provided unless required by law.
If an instructor is substituted but the class proceeds:
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No refund or credit is offered unless the substitution materially changes the class description.
3. MEMBERSHIPS
3.1 General Membership Terms
All memberships are personal and non-transferable.
Memberships grant access to classes as described in the product details. Usage restrictions (e.g., max 2 classes/week) are binding.
Unused classes within a billing period may expire unless stated otherwise.
3.2 Weekly Direct Debit Memberships
Weekly memberships are billed automatically on a recurring basis with notice of cancellation required as specified.
To cancel: Provide at least 7 days' written notice to admin@highestform.com.au. Cancellation is effective from the next billing cycle.
Membership fees may be increased with 28 days' written notice. Fees will not increase during the first 4 weeks of membership.
Failed payments: If a payment fails, your membership may be suspended until the payment is resolved. You are responsible for any fees incurred.
3.3 Upfront, Foundation and Founders Memberships
Upfront memberships, Foundation memberships and Founders memberships are charged as a one-off upfront payment at the time of purchase, unless otherwise stated in the relevant membership offer.
Unless expressly stated otherwise, upfront, Foundation and Founders memberships do not automatically renew.
Upfront, Foundation and Founders memberships are subject to the 7-day cooling-off period in clause 3.4.
After the cooling-off period has expired, upfront, Foundation and Founders memberships are non-refundable, non-transferable and cannot be cancelled part-way through the membership term, except where required by law, including under the Australian Consumer Law.
3.4 Cooling-Off Period
New membership purchases are subject to a 7-day cooling-off period from the date of purchase. This applies to:
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monthly direct debit memberships;
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upfront memberships;
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Foundation memberships; and
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Founders memberships.
To cancel during the cooling-off period, you must notify Highest Form in writing at admin@highestform.com.au within 7 days of purchase.
If you cancel within the cooling-off period, Highest Form will refund the amount paid, less:
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the value of any classes, sessions or services used during the cooling-off period;
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any reasonable administrative, joining or setup fee disclosed at the time of purchase; and
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the value of any promotional items, gifts or benefits received and not returned in their original condition.
Cancellation during the cooling-off period takes effect from the date Highest Form confirms the cancellation in writing. The cooling-off period does not apply to casual class purchases, class packs, gift vouchers, workshops, events, retreats or other non-membership purchases, unless expressly stated in the relevant offer or required by law.
Nothing in this clause excludes, restricts or modifies any rights you may have under the Australian Consumer Law.
3.5 Membership Suspensions
Suspensions are not available during the first 14 days of a new membership.
To request: Submit written request with at least 7 business days' notice to admin@highestform.com.au.
Minimum suspension: 1 week. Maximum suspension: 4 weeks per request.
Suspensions cannot be backdated. You cannot cancel while suspended.
4. CLASS PACKS & PASSES
Except where required by law, including under the Australian Consumer Law, class pack purchases are non-refundable and non-transferable.
Single classes: Expire 3 months from purchase.
Class packs: Expire 12 months from purchase (or as specified in product details).
Except where required by law, expired or unused classes cannot be refunded, extended or transferred. Promotional class packs may have alternate expiry terms. Check product details.
5. GIFT VOUCHERS & CREDITS
Gift vouchers are valid for 3 years from the date of issue in compliance with the Australian Consumer Law.
Vouchers are personal to the recipient and non-transferable.
Unused vouchers after expiry cannot be redeemed.
Highest Form is not responsible for lost, stolen or damaged vouchers. Where Highest Form can reasonably verify the voucher details and remaining balance, it may reissue the voucher at its discretion.
Voucher terms are subject to these general Terms and Conditions.
6. WORKSHOPS & SPECIAL EVENTS
Workshops, special events, women’s circles, ceremonies and similar offerings are subject to these Terms and any event-specific terms notified at the time of booking.
Except where required by law, event tickets are non-refundable for participant cancellations.
If Highest Form cancels an event, participants will be offered a refund, transfer or credit, having regard to the nature of the event and any applicable legal requirements.
If Highest Form materially changes the date, time, location or nature of an event, participants will be notified as soon as reasonably practicable and may be offered a refund, transfer or credit where appropriate.
Participants must comply with event rules, safety directions and the Studio’s code of conduct. Highest Form may remove a participant whose behaviour is unsafe, disruptive, harassing, intoxicated or otherwise in breach of these Terms. Any refund in those circumstances will be determined in accordance with these Terms and applicable law.
7. RETREATS
Retreats are governed by these Terms, the Retreat Booking Terms, the Retreat Liability Waiver, the Medical Declaration and any retreat-specific terms issued for the relevant retreat.
If there is any inconsistency, the retreat-specific terms will prevail to the extent of the inconsistency.
Retreat deposits, balance payments, participant cancellations, transfers, retreat changes and retreat cancellations will be dealt with under the Retreat Booking Terms.
Participants are responsible for ensuring they are medically fit to participate and for disclosing all relevant health, medical, pregnancy, postnatal, allergy, dietary, mobility, mental health and safety information.
For international retreats, comprehensive travel insurance is mandatory unless Highest Form confirms otherwise in writing. Participants are responsible for passports, visas, travel documents, entry requirements, vaccinations and compliance with local laws.
For domestic retreats, travel insurance is strongly recommended.
8. ASSUMPTION OF RISK, RECREATIONAL SERVICES WARNING & LIABILITY WAIVER
8.1 Application
This waiver applies to all classes, workshops, events, retreats, ceremonies, sound baths, breathwork sessions, yoga, mat Pilates, movement, somatic practices, energy healing, and any other services provided by Highest Form Pty Ltd, whether in-person, online, at the studio, outdoors, at third-party venues, domestically, or overseas.
8.2 Recreational Services Warning
Highest Form provides recreational services and activities involving physical activity, stretching, movement, breathwork, meditation, sound, emotional release, group participation, and (where applicable) travel and retreat activities.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)
If you participate in recreational services supplied by Highest Form, certain rights you may otherwise have under the Australian Consumer Law, including rights arising from statutory guarantees that services will be provided with due care and skill and are reasonably fit for purpose, may be excluded, restricted, or modified to the extent permitted by law.
By agreeing to these Terms and participating, you acknowledge and agree that, to the maximum extent permitted by law, Highest Form excludes liability for death, personal injury, illness, loss, damage, or other harm arising from your participation in Highest Form activities.
This exclusion does not apply to liability that cannot be excluded by law, including liability arising from reckless conduct, gross negligence, wilful misconduct, or any liability that cannot lawfully be excluded.
8.3 Acknowledgment of Inherent Risks
You acknowledge that participation in Highest Form activities involves inherent and obvious risks:
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Physical movement, stretching, balancing, strengthening, exertion, or repetition
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Yoga, mat Pilates, sculpt, fitness, or movement-based activities
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Breathwork, meditation, sound healing, energy healing, ceremonies, somatic practices, and emotional release work
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Pregnancy, postnatal participation, Mum & Bubs classes, or participation with infants or children
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Slips, trips, falls, contact with equipment, studio facilities, other participants, instructors, or animals
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Workshops, outdoor activities, nature walks, excursions, or retreat activities
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Travel, accommodation, unfamiliar environments, weather, limited medical access, third-party suppliers (for retreats)
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Pre-existing medical conditions, injuries, pregnancy, postnatal status, allergies, sensitivities, mental health conditions
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Events or circumstances outside Highest Form's reasonable control
These risks may result in injury, illness, aggravation of an existing condition, emotional distress, property damage, permanent disability, or death. You voluntarily accept and assume all risks, whether known or unknown, obvious or not obvious, except to the extent caused by conduct for which liability cannot be excluded.
8.4 Participant Health Declaration
By booking, purchasing, or participating in any Highest Form activity, you declare that:
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You are in suitable physical, mental, and emotional health to participate
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You are not aware of any medical condition, injury, illness, pregnancy-related issue, postnatal condition, allergy, sensitivity, or other circumstance that would make participation unsafe
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You have disclosed to Highest Form any relevant medical condition, injury, pregnancy, postnatal status, allergy, disability, medication, mental health condition, or matter affecting safe participation
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You will seek appropriate medical guidance before participating if you are unsure
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You understand Highest Form instructors are not medical practitioners and do not provide medical advice
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You are responsible for listening to your body, modifying or ceasing participation, and immediately informing instructors if you feel unwell, unsafe, distressed, dizzy, faint, breathless, or in pain
8.5 Release and Waiver
To the maximum extent permitted by law, you release, waive, and discharge Highest Form from all claims, actions, demands, liabilities, losses, damages, costs, and expenses arising from or in connection with:
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Your participation in any Highest Form class, workshop, event, retreat, ceremony, practice, or activity
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Your attendance at Highest Form premises or any venue used by Highest Form
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Any personal injury, illness, emotional distress, property damage, loss, or death
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Any act, omission, instruction, or non-assistance by Highest Form
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Your failure to disclose relevant health, medical, pregnancy, postnatal, or safety information
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Your failure to follow reasonable safety directions •
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Your interaction with other participants, instructors, facilitators, suppliers, or animals
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Any inherent or obvious risks
This release applies to the extent permitted by law and does not exclude liability for reckless conduct, gross negligence, wilful misconduct, or any liability that cannot be excluded.
8.6 Pregnancy, Postnatal Participation & Mum & Bubs Classes
If you are pregnant, postnatal, or attending Mum & Bubs classes, you acknowledge and agree that:
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You must obtain appropriate medical clearance before participating
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You must inform the instructor before each class if pregnant, postnatal, recovering, or experiencing relevant symptoms or concerns
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Participation carries additional risks and you voluntarily assume those risks
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You are solely responsible for the care, supervision, and safety of any infant or child
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Highest Form instructors are NOT responsible for supervising, caring for, or ensuring the safety of infants or children
8.7 Retreat & Travel-Related Risks
If you participate in a retreat, you acknowledge risks including:
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Travel to/from retreat location
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Accommodation, shared facilities, unfamiliar environments
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Overseas travel, local laws, customs, practices, language barriers
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Weather, terrain, transport, excursions, nature-based or remote activities
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Limited medical care, emergency services, or communications
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Third-party suppliers (accommodation, transport, venues, guides, caterers, facilitators)
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Passport, visa, vaccination, entry, exit, and travel insurance requirements
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Cancellations, delays, itinerary changes, border restrictions, or events beyond control
You voluntarily accept these risks and acknowledge Highest Form is not responsible for third-party suppliers except as required by law.
8.8 Indemnity
To the maximum extent permitted by law, you indemnify Highest Form from and against all claims, liabilities, losses, damages, costs, and expenses arising from or in connection with:
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Your breach of these Terms
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Your negligent, reckless, or wrongful act or omission
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Your failure to disclose relevant health, medical, pregnancy, postnatal, allergy, safety, or travel information
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Your failure to follow reasonable instructions or safety directions
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Any claim made by another person arising from your conduct
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Any claim relating to an infant, child, or minor attending with you (except to extent caused by Highest Form's conduct for which liability cannot be excluded)
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Any damage caused by you to Highest Form property, third-party property, retreat accommodation, equipment, or facilities
8.9 Emergency Medical Treatment Authorisation
In a medical emergency, you authorise Highest Form to seek emergency medical treatment or assistance on your behalf.
You acknowledge and agree that:
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You are responsible for all ambulance, medical, hospital, evacuation, transport, and related costs
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Highest Form is not liable for acts or omissions in seeking emergency assistance, except to extent liability cannot be excluded
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Highest Form is not obliged to provide first aid beyond what is reasonable
8.10 Acceptance of Waiver
By purchasing, booking, or attending any Highest Form activity, you confirm that:
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You have read and understood this waiver
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You understand participation involves inherent risks
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You voluntarily accept those risks
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You understand you may be giving up legal rights to claim compensation for personal injury or death, to extent permitted by law
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You agree to be bound by this waiver
8.11 Consumer Law Rights Preserved
Nothing in this waiver excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
Where Highest Form is permitted by law to limit its liability, its liability is limited to the maximum extent permitted by law.
8.12 Continuing Effect
This waiver applies to your current and future participation in Highest Form activities, including each booking, purchase, attendance, membership, class, workshop, event, retreat or other service, whether conducted in person, online, at the Studio, outdoors, at a third party venue, domestically or overseas.
9. PRIVACY & PERSONAL INFORMATION
9.1 Collection of Information
Highest Form collects personal information necessary to provide, manage, and administer its services. This includes:
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Name, date of birth, contact details (phone, email, address)
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Emergency contact information
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Booking, attendance, and membership history
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Payment and billing information
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Health, injury, pregnancy, postnatal, allergy, dietary, mobility, and wellness information
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Mental health information relevant to participation
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Travel-related information for retreats (passport, visa, travel insurance)
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Photographs, videos, testimonials (where you consent)
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Communications with Highest Form
9.2 Sensitive Information & Health Data
Some information collected is sensitive or health information under the Privacy Act 1988 (Cth), including information about injuries, illnesses, medical conditions, pregnancy, postnatal status, allergies, sensitivities, medications, mental health matters, and fitness limitations.
By providing this information, you consent to Highest Form collecting, using, storing, and disclosing it for purposes of providing services, managing health and safety, responding to emergencies, and operating its business.
9.3 Use of Information
Highest Form uses personal information to:
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Create and manage your account
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Process bookings, memberships, purchases, and payments
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Communicate about classes, events, retreats, and studio updates
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Assess suitability for activities
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Manage health, safety, risk, and emergency situations
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Provide modifications, support, or accommodations
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Manage retreats (accommodation, dietary needs, travel logistics, emergency planning)
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Respond to enquiries, complaints, or disputes
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Comply with legal, insurance, and regulatory obligations
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Improve services and client experience
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Send marketing communications (where you consent)
9.4 Disclosure to Third Parties
Highest Form may disclose your personal information to:
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Booking platform providers (e.g., Mindbody)
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Payment processors and direct debit providers
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Email, SMS, marketing, and client management platforms
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Instructors, facilitators, contractors, and retreat leaders (where relevant to service delivery or safety)
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Accommodation providers, retreat venues, transport operators, caterers, guides, and other suppliers
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Insurers, professional advisers, accountants, lawyers, and business advisers
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Medical, ambulance, emergency, or evacuation providers (where necessary for health/safety)
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Government, law enforcement, regulatory, or public health authorities (where required by law)
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Other parties with your consent
Highest Form will NOT sell your personal information to third parties.
9.5 Overseas Disclosure (International Retreats)
If you participate in an international retreat, your personal information may be disclosed to overseas providers (accommodation, transport, guides, medical providers, or local authorities) to organise, manage, or provide the retreat; respond to emergencies; comply with local requirements; or protect your health and safety.
By booking an international retreat, you consent to this disclosure.
9.6 Security & Storage
Highest Form takes reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification, or disclosure.
Information may be stored electronically, in cloud-based systems, by third-party service providers, or in physical records.
However, no electronic storage is completely secure, and Highest Form cannot guarantee absolute security of electronically transmitted information.
9.7 Your Rights
You may request access to or correction of your personal information in writing to admin@highestform.com.au.
Highest Form will respond within a reasonable period and may refuse access where permitted by law.
Highest Form may retain information where required for legal, insurance, accounting, health/safety, or regulatory purposes.
9.8 Marketing Communications
Highest Form may send marketing communications where permitted by law. You may unsubscribe at any time via the unsubscribe function or by contacting us in writing.
Unsubscribing from marketing communications does NOT prevent Highest Form from sending essential service-related communications about your bookings, payments, memberships, or participation.
9.9 Photography, Video & Media
Highest Form will request your consent before using photographs, videos, testimonials, or other media featuring you for marketing, social media, website, promotional, or community purposes.
Highest Form will not intentionally use identifiable images or recordings of you for marketing without consent.
Where photos or videos are taken during classes or events, Highest Form will use reasonable efforts to notify participants and provide opt-out opportunity.
For minors or children, media consent must be provided by parents or legal guardians.
You must not photograph, film, or record other participants without their express consent.
9.10 Privacy Policy
These Terms should be read together with Highest Form's full Privacy Policy, as updated from time to time.
For privacy enquiries, access requests, correction requests, or complaints, please contact:
Highest Form Pty Ltd | 81 Warrigal Road, Hughesdale VIC 3166 | Email: admin@highestform.com.au
10. GENERAL PROVISIONS
10.1 Studio Dog (Cashew)
Highest Form’s studio dog, Cashew, may be present in the Studio, reception area, common areas or selected classes and events.
Participants must notify Highest Form in writing before attending if they have a dog allergy, sensitivity, phobia or other concern.
Participants must not feed, pick up, restrain, provoke or interact with Cashew unless permitted by Highest Form staff. Children and infants must be supervised by their parent or guardian at all times.
Highest Form will take reasonable care in managing Cashew’s presence at the Studio. However, animals may behave unpredictably and participants who voluntarily interact with Cashew do so at their own risk, subject always to any rights that cannot be excluded by law.
10.2 Studio Standards & Conduct
Highest Form reserves the right to refuse service to any participant whose behaviour is unsafe, disruptive, harassing, intoxicated, or in breach of these Terms.
Removal from a class or event may occur without refund if behaviour compromises safety.
10.3 Indemnity For Studio Damage
You are responsible for any damage caused by you or your guests to studio property, equipment, or premises. Highest Form may claim damages from you.
10.4 No Medical Advice
Highest Form's services are not a substitute for medical care, diagnosis, physiotherapy, counselling, or professional health services.
Instructors and facilitators are not responsible for assessing whether you are medically fit to participate.
Any information provided by Highest Form is general in nature and NOT medical advice.
You remain responsible for obtaining any medical or health advice required before participating.
10.5 Modifications & Changes to Terms
Highest Form may update these Terms from time to time. Where a material change affects an existing membership, booking or retreat, Highest Form will provide reasonable notice where practicable. Changes will not apply retrospectively to completed purchases unless required or permitted by law. Continued booking or participation after updated Terms are published constitutes acceptance of the updated Terms.
10.6 Limitation of Liability
Highest Form's liability is limited to the maximum extent permitted by law.
Highest Form is not liable for:
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Indirect, consequential, special, or punitive damages
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Loss of revenue, data, or business opportunities
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Inability to participate due to your circumstances
10.7 Governing Law & Jurisdiction
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.
For overseas retreats: These Terms apply regardless of retreat location, but local laws may apply to travel and accommodation arrangements.
10.8 Priority of Documents
To the extent of any inconsistency between these documents, the following order of priority applies:
(a) any retreat-specific terms issued for the relevant retreat;
(b) the Retreat Booking Terms;
(c) the Retreat Liability Waiver;
(d) the Medical Declaration and Health Questionnaire;
(e) the general Terms and Conditions; and
(f) any participant guide, itinerary, promotional material or general information document.
Nothing in any document excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified.
ACKNOWLEDGMENT & ACCEPTANCE
By booking, purchasing, or attending any Highest Form activity, you confirm that:
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You have read, understood, and agree to be bound by these Terms and Conditions
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You have read and understood the Liability Waiver (Section 8) and Assumption of Risk
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You have provided truthful and complete health and medical information
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You have obtained any necessary medical clearance or advice before participating
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You voluntarily assume all inherent risks of participation
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You understand you may be giving up legal rights to claim damages, to extent permitted by law
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You consent to the collection, use, and disclosure of your personal information as described in Section 9
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You understand Highest Form is not responsible for third-party suppliers, services, or recommendations
Booking with Highest Form means you understand and agree to our Terms. If you have any questions or concerns, please reach out before booking.