These Terms and Conditions apply to the website, products, resources, workshops, programs, events and other services offered by D.E Castelli and T.A Cusack, in partnership, trading as Thera H-Art Workshops, ABN 67 129 140 375 ("Thera H-Art", "we", "us" or "our").
Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
1. About Thera H-Art and These Terms
Thera H-Art creates experiential learning experiences for personal and professional development.
Our current and future offerings may include workshops, professional development programs, journeys and retreats, creative and experiential learning activities, books, workbooks, journals, cards and learning tools, physical products and kits, digital resources, online experiences, private or small-group experiences, and professional or practitioner learning pathways.
Specific offerings may have additional booking conditions, participation requirements, cancellation terms, safety information or other conditions ("Offering Terms"). We will provide Offering Terms before or at the time of booking.
Offering Terms form part of these Terms. If an Offering Term conflicts with these Terms, the Offering Term prevails, except where doing so would reduce a right you have under the Australian Consumer Law or another law that cannot be excluded.
2. Accepting These Terms
You agree to the applicable parts of these Terms when you purchase, book, register for or participate in a Thera H-Art product, program or service.
Online booking and purchase processes may ask you to confirm that you have read and agree to these Terms. We may retain a record of that confirmation.
The version applying to a booking or purchase is the version in force when it was made. We will retain or archive previous versions where reasonably practicable.
General browsing of our website is subject to the website-use provisions in these Terms.
3. Educational and Developmental Nature of Our Services
Unless expressly stated otherwise, our workshops, programs, resources and experiences are provided for education, personal development, professional development and experiential learning.
They are not intended to diagnose or treat a medical or mental-health condition and are not a substitute for individual medical, psychological, psychiatric or other healthcare.
Some experiences may explore subjects relating to emotions, behaviour, stress, trauma, relationships, wellbeing or personal history. Participants remain free to decide what they wish to explore, disclose or take part in, subject to any essential safety requirements of a particular activity.
We do not guarantee any particular personal, emotional, therapeutic, professional or behavioural outcome. This does not limit our obligations under applicable law, including obligations to provide services with due care and skill.
Where a separately identified service is provided as a regulated clinical or health service by an appropriately qualified practitioner, additional professional, consent or regulatory arrangements may apply and will be provided separately.
Crisis support
Thera H-Art is not an emergency or crisis service.
If you or another person is in immediate danger in Australia, call 000.
For crisis support, Lifeline is available 24 hours on 13 11 14, and the Suicide Call Back Service on 1300 659 467.
4. Participant Choice, Respect and Conduct
Thera H-Art aims to create experiences that respect autonomy, choice and responsibility.
Participants may generally choose not to answer a question, disclose personal information or take part in a reflective activity.
Participants are expected to:
- treat other participants, facilitators and staff respectfully
- comply with reasonable safety instructions
- respect the privacy of others
- use equipment, tools and materials appropriately
- not engage in threatening, abusive, discriminatory, dangerous or deliberately disruptive conduct.
We may pause a participant’s involvement or ask them to leave an activity where reasonably necessary for safety, wellbeing, respectful participation or the integrity of the experience.
Section 10 deals with removal from an experience.
5. Health, Safety and Participation
We will take reasonable care in designing and delivering activities and will provide reasonable instructions and safety information.
Some experiences may involve movement, drumming, physical activity, sport, tools, creative materials, travel or emotionally meaningful content.
Participants are responsible for:
- participating within their own abilities
- following reasonable instructions
- telling us about relevant accessibility, health or safety considerations before the experience where appropriate
- seeking appropriate medical or professional advice where they are uncertain about their suitability for an activity.
For some higher-risk activities, retreats, journeys or specialised programs, participants may be required to complete a separate health declaration, informed-consent form, participant risk acknowledgement or other participant document before taking part.
Any such document operates alongside these Terms.
6. Insurance
Thera H-Art Workshops maintains public liability insurance and professional indemnity insurance appropriate to its business activities.
The existence of insurance does not remove participant responsibilities under these Terms and does not affect any rights or remedies available under applicable law.
7. Bookings, Prices and Payment
Unless otherwise stated for a particular offering:
- payment is required at the time of booking
- a booking is confirmed when payment or another agreed arrangement has been completed
- prices are shown in Australian dollars
- advertised prices include compulsory charges required to be included in the total price
- any optional costs and payment surcharges will be disclosed before purchase.
Where GST applies to a particular supply, it will be dealt with in accordance with applicable tax law.
Payment-card information may be processed directly by a third-party payment provider rather than stored by us. That provider’s terms may also apply.
8. Cancellations by You
Different cancellation arrangements may apply to workshops, professional programs, retreats, journeys or other offerings. Any different cancellation schedule will be clearly stated before booking.
Unless an Offering Term states otherwise:
- if you cancel more than 48 hours before the scheduled start time, you may choose either a full refund or a reschedule to another available date
- if you cancel within 48 hours, a refund may be withheld where costs have already been committed or your place cannot reasonably be filled
- no-shows are generally not eligible for a refund or reschedule.
In these Terms, “reschedule” means moving your booking to another session or date of the same offering.
We may provide additional flexibility in exceptional circumstances at our discretion.
These cancellation conditions operate in addition to your rights under the Australian Consumer Law.
9. Changes or Cancellations by Us
We may make reasonable changes to a facilitator, venue, timetable, activity, itinerary or other operational detail where necessary.
We will not make changes that materially reduce the nature or value of what you purchased without offering an appropriate remedy.
If we cancel an offering, cannot supply it as agreed, or make a material change that significantly affects what you purchased, we will offer an appropriate remedy.
Depending on the circumstances and your legal rights, this may include a refund, reschedule or alternative arrangement.
Where the Australian Consumer Law entitles you to choose a refund rather than a credit or alternative service, you may do so.
For journeys and retreats, you should consider suitable travel insurance and think carefully before making non-refundable travel or accommodation arrangements.
Our liability for travel, accommodation and similar costs is limited to what applicable law requires.
10. Removal From an Experience
A participant may be asked to leave an experience where their conduct:
- presents a genuine safety risk
- seriously disrupts the experience
- breaches reasonable behavioural expectations
- significantly affects other participants.
Where removal results from serious misconduct or failure to follow reasonable safety instructions, a refund may not be provided for the unused portion.
Where participation ends for another reason, including circumstances outside the participant’s reasonable control, we will consider an appropriate remedy having regard to the circumstances and applicable consumer law.
11. Australian Consumer Law
Our goods and services are subject to consumer guarantees under the Australian Consumer Law where applicable.
Services must generally be provided:
- with due care and skill
- so they are fit for any purpose or result that has been represented or made known and reasonably relied upon
- within a reasonable time where no time has been agreed.
Goods are also subject to statutory consumer guarantees, including that they are of acceptable quality and match their description.
If a product or service fails to meet an applicable consumer guarantee, remedies may include repair, replacement, resupply, refund, cancellation or compensation depending on the nature and seriousness of the failure.
Our own cancellation, refund and returns policies operate in addition to these legal rights, not instead of them.
12. Physical Products and Learning Tools
We may sell physical products including learning tools, printed materials, creative kits, 3D-printed items and other products.
Handmade or individually produced products may contain minor variations from photographs or samples.
Some products may include small components, tools, art materials or items requiring appropriate supervision.
You must follow any safety instructions or age recommendations supplied with a product.
If a product is faulty, damaged, unsafe, materially different from its description or otherwise fails to meet an applicable consumer guarantee, please contact us so we can provide an appropriate remedy.
13. Change-of-Mind Returns
Unless otherwise stated for a particular product, we do not generally offer refunds solely because a customer changes their mind, no longer wants an item or selects the wrong product.
This does not affect any right to a remedy where a product or service fails to meet an applicable consumer guarantee.
14. Digital Products and Resources
Digital products are licensed for the purchaser’s authorised use. They are not sold with ownership of the underlying intellectual property.
Unless a different licence is supplied, you must not:
- redistribute digital products
- share paid resources outside your household or authorised licence
- upload them to shared libraries or online platforms
- resell them
- reproduce them commercially
- use facilitator materials to deliver Thera H-Art methods or programs without our written authorisation.
We do not ordinarily provide change-of-mind refunds after digital content has been supplied or accessed.
This does not restrict remedies available under applicable consumer law if digital content is faulty or materially fails to meet what was promised.
15. Shipping and Delivery
Where physical products are shipped, available delivery options and charges will be shown before purchase.
Customers are responsible for providing accurate delivery details.
International customers may be responsible for customs duties, import taxes or other charges imposed in their destination country.
Delivery timeframes are estimates unless expressly guaranteed. This does not limit your rights under consumer law.
16. Retreats, Journeys and Third-Party Providers
Some experiences may involve independent providers such as:
- accommodation providers
- cruise operators
- airlines
- transport providers
- sporting facilities
- tour operators
- restaurants
- activity providers.
Third-party providers may impose their own terms, health requirements and cancellation conditions.
The involvement of a third party does not remove any responsibility we have under applicable law for a product or service that we have sold or promised as part of a package.
Participants may be responsible for passports, visas, travel insurance, transport to departure points, personal medical requirements and compliance with third-party rules.
Major inclusions and exclusions will be identified before booking.
17. Children and Young People
Some offerings may be designed for children or young people.
Age requirements will be identified where relevant.
Depending on the activity, a parent or guardian may be required to:
- make the booking
- provide consent
- provide health or safety information
- remain present or be available during participation.
Adult-only experiences may specify a minimum age of 18.
Where our work involves children, we will comply with applicable child-safety and working-with-children requirements.
18. Accessibility
We aim to make our experiences reasonably accessible.
If you require an adjustment or have accessibility requirements, please contact us before booking or attending so we can discuss what can reasonably be accommodated.
Some accessibility arrangements may depend on independent venues or providers.
19. Privacy and Confidentiality in Group Experiences
Participants may hear personal information or experiences shared by others during group activities.
We may establish group confidentiality expectations and ask participants not to repeat another person’s personal information outside the experience.
We cannot guarantee that another participant will comply with those expectations.
Participants should therefore disclose only what they feel comfortable sharing in a group setting.
Our handling of personal information is governed separately by our Privacy Policy.
20. Participant-Created Work
Unless otherwise agreed, participants keep ownership of original artwork, writing, stories, reflections and other creative material they personally create during an experience.
Participation does not give us ownership of that material.
We will seek your permission before reproducing or using identifiable participant-created material for marketing, promotional, educational or commercial purposes.
This does not give participants ownership of our workshop designs, prompts, frameworks, Storyscapes, teaching materials, methods or other underlying intellectual property.
21. Photography, Video and Recording
We may photograph or record some events or activities.
Where identifiable participants or their original work may be used for promotional purposes, we will seek permission first.
Declining promotional photography will not ordinarily prevent participation unless photography or recording is an essential and clearly disclosed feature of the particular offering.
Participants must not audio-record, video-record or photograph any part of a workshop, presentation, our materials or other participants without permission.
Personal photographs may be permitted in particular activities where we say so and where this does not affect another participant’s privacy.
22. Intellectual Property
Unless otherwise stated, intellectual property used in connection with Thera H-Art Workshops is owned by or licensed to the partnership trading as Thera H-Art Workshops.
This may include:
- methods
- frameworks
- the Thera H-Art Transformation Process
- Storyscapes
- workshop designs
- conceptual models
- characters
- facilitator materials
- participant resources
- activities
- written content
- illustrations
- teaching tools
- cards and prompts
- audiovisual materials
- digital products
- branding and logos.
Booking or purchasing an offering does not transfer ownership of this intellectual property or give you a right to teach, reproduce, facilitate, license or commercially exploit it unless we expressly authorise it in writing.
You may use participant resources for your own personal learning unless a different licence is supplied.
23. Website Use
You must not use the website:
- unlawfully
- to attempt unauthorised access
- to introduce malicious software
- to disrupt its operation
- to impersonate another person
- to infringe intellectual property rights
- for fraudulent or harmful purposes.
Website content is provided for general information and may be updated from time to time.
Our website may link to third-party websites, social-media services or booking platforms. We do not control those services and are not responsible for their independent content, availability, security or privacy practices.
24. Marketing and Communications
If you join our mailing list or otherwise consent to receive marketing communications, we may send you updates about our activities and offerings.
Our messages will clearly identify us as the sender and include a functioning unsubscribe option.
You may unsubscribe at any time using the unsubscribe facility or by contacting us.
25. Limitation of Liability and Participant Responsibility
We will exercise reasonable care and skill in delivering our products and services.
Participants are responsible for following reasonable instructions, participating within their abilities and using products or equipment appropriately.
To the maximum extent permitted by law, we are not responsible for loss or harm caused by:
- deliberate participant misconduct
- misuse of products, tools or equipment
- failure to follow reasonable safety instructions
- undisclosed limitations that materially affect safe participation where disclosure would reasonably have been necessary
- events outside our reasonable control.
Nothing in this section excludes or limits liability where doing so would be unlawful.
26. Events Outside Our Reasonable Control
We will not be responsible for delay or failure caused by circumstances reasonably outside our control, such as:
- severe weather
- natural disasters
- public-health restrictions
- venue closures
- major transport disruption
- widespread technology outages
- serious emergencies
- comparable events.
Where a booked experience is affected, we will tell you about available alternatives as soon as reasonably practicable and provide the remedies required by applicable law.
27. Complaints and Dispute Resolution
If you have a concern about a product, booking or experience, please contact us first.
We aim to acknowledge complaints within 5 business days and to provide a substantive response within 20 business days, depending on the complexity of the matter.
If we cannot resolve a consumer issue directly, you may seek assistance from an appropriate consumer-protection authority, including the Queensland Office of Fair Trading, or exercise any other legal rights available to you.
28. Changes to These Terms
We may update these Terms where reasonably necessary because our services, business practices, technology or legal obligations change.
Updated Terms apply from the stated effective date to bookings and purchases made on or after that date.
They will not retrospectively remove or materially reduce rights associated with an existing booking or purchase.
29. General
Entire agreement. These Terms, together with any Offering Terms and any documents expressly incorporated into them, form the agreement for the relevant booking or purchase. This does not exclude representations or rights that cannot legally be excluded.
Severability. If part of these Terms is found to be invalid or unenforceable, the remaining provisions continue to operate to the extent permitted by law.
No waiver. If we do not immediately enforce a right under these Terms, that does not mean we have waived it.
Assignment. You may not give your booking, licence or contractual right to another person where the offering is personal or non-transferable unless we agree. We will not transfer our obligations in a way that materially reduces your rights without reasonable notice and, where required, your agreement.
Notices and electronic communications. Routine communications about bookings, purchases, registrations and these Terms may be provided electronically using the contact details you supply. You are responsible for keeping those details current.
30. Governing Law
These Terms are governed by the laws of Queensland, Australia and applicable Commonwealth law.
Subject to any legal right to bring proceedings elsewhere, the parties submit to the courts and tribunals having jurisdiction in Queensland.
31. Contact Us
Thera H-Art Workshops
ABN 67 129 140 375
Email: connect@therahart.com.au
Website: therahart.com.au
Queensland, Australia