TERMS & CONDITIONS

Breath & Sinew

Effective Date: 20 August 2026

Last Updated: 20 August 2026

1. Defined Terms and Business Identity

1.1 "Breath & Sinew" refers to the sole trader entity operated by Joshua Matthew Bell (ABN: 21642800535), trading as Breath & Sinew, providing personal training, movement workshops, and fight choreography instruction in Victoria, Australia.

1.2 "The Client" refers to any individual, workshop participant, performer, parent/guardian (in the case of a minor participant), or corporate entity engaging the services of Breath & Sinew.

1.3 "The Activity" encompasses all physical services rendered by Breath & Sinew, including but not limited to personal training sessions, group movement workshops, stage and screen fight choreography, conditioning drills, and prop/weapon safety instruction.

1.4 "The Instructor" refers to Breath & Sinew or any qualified instructor designated by Breath & Sinew to deliver physical instruction, movement coaching, or choreography services.

2. Service Structures, Payments, and Invoicing

2.1 Personal Training Memberships:

  • Billing Cycle & Inclusions: Personal training is supplied via recurring memberships billed per payment cycle.

  • Session Credits: Session credits must be used within the allocated billing cycle and do not roll over to subsequent cycles unless approved in writing by Breath & Sinew.

  • Payment Gateway: Membership payments are automatically processed via Square using credit or debit card.

2.2 Group Workshops (Short-Term & Multi-Week):

  • Structure: Group workshops are purchased via a once-off booking fee and may run as single-day events or extended series spanning weeks or months.

  • Deposit & Payment Schedule: A 50% deposit is required upfront at the time of booking. The remaining 50% balance must be paid in full within 5 business days of the initial booking date via Square.

2.3 Business-to-Business (B2B) Fight Choreography:

  • Invoicing: Services provided to theatre groups, production companies, or screen projects are delivered under specific B2B arrangements processed via HNRY (accepting card payments via Tyro and direct bank deposit).

  • Payment Terms: Unless otherwise agreed in writing, B2B choreography invoices are issued upon completion of the contracted services with a strict 21-day due date.

3. Cancellations, Rescheduling, Late Arrivals, and Forfeiture

3.1 Personal Training (1-on-1) Cancellations:

  • Notice Window: The Client must provide a minimum of 12 hours' notice via the designated booking portal or written communication to cancel or reschedule a personal training session.

  • Late Cancellation & Forfeiture: If less than 12 hours' notice is provided, the Client forfeits the session credit for that session.

  • Discretionary Reschedule: The Client may contact Breath & Sinew following a late cancellation; Breath & Sinew may, at its sole discretion, allow a complimentary reschedule based on extenuating circumstances.

3.2 Workshop & Group Event Cancellations:

  • No Refunds: All workshop bookings, deposits, and full registration fees are strictly non-refundable.

  • Transfers: A workshop booking may be transferred to a qualified third party provided the Client notifies Breath & Sinew in writing at least 24 hours prior to the event and the substitute participant completes all required onboarding and PAR-Q forms prior to attendance.

3.3 Late Arrivals & Session Forfeiture:

  • 20-Minute Threshold: If the Client is more than 20 minutes late to a personal training session, the session is deemed forfeited and the credit consumed.

  • Communication & Shortened Sessions: The Instructor will attempt to contact the Client upon non-arrival. If the Client confirms they are en route, the Instructor may hold the remainder of the time slot, resulting in a reduced session length without fee reduction.

3.4 Cancellations by Breath & Sinew:

  • If Breath & Sinew cancels a personal training session, workshop, or stage combat session due to instructor illness, emergency, or venue unavailability, the Client will be offered their choice of either:

    1. A full refund of the fee/deposit paid for the impacted session or event; or

    2. A full credit applied toward a rescheduled date.

4. Physical Readiness, Health Screenings, and Minors

4.1 Mandatory Health Screening: Prior to participating in any Activity, the Client must complete an official Physical Activity Readiness Questionnaire (PAR-Q) and health disclosure form via Google Drive, Acuity, or Everfit. The Client warrants that all disclosures regarding medical history, cardiovascular conditions, joint/musculoskeletal injuries, or physical limitations are complete and accurate.

4.2 Duty to Update Information: The Client must immediately inform Breath & Sinew in writing of any changes to their health status, injuries, pregnancies, or medical conditions prior to undertaking further physical sessions.

4.3 Minors (Under 18 Years) & Statutory Compliance:

  • Children Aged 5–15: Participation in workshops or physical instruction requires execution of a Parent-Completed PAR-Q Form signed by a parent or legal guardian in compliance with the Working with Children Act 2005 (Vic).

  • Young Persons Aged 16–17: Participation requires a completed Young Person PAR-Q Form. Breath & Sinew reserves the right to require parent or guardian co-execution where operationally or legally required.

5. STATUTORY WARNING AND ASSUMPTION OF RISK

5.1 WARNING UNDER THE AUSTRALIAN CONSUMER LAW (VICTORIA) AND WRONGS ACT 1958 (VIC):

UNDER THE AUSTRALIAN CONSUMER LAW (VICTORIA) AND SECTION 56 OF THE WRONGS ACT 1958 (VIC), SEVERAL STATUTORY GUARANTEES ARE IMPLIED INTO CONTRACTS FOR THE SUPPLY OF CERTAIN GOODS AND SERVICES. THESE GUARANTEES MEAN THAT BREATH & SINEW IS REQUIRED TO ENSURE THAT RECREATIONAL SERVICES SUPPLIED TO YOU ARE RENDERED WITH DUE CARE AND SKILL, ARE REASONABLY FIT FOR THEIR COMMUNICATED PURPOSE, AND MIGHT REASONABLY BE EXPECTED TO ACHIEVE ANY RESULT YOU HAVE MADE KNOWN.

UNDER SECTION 139A OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND RELEVANT VICTORIAN CONSUMER PROTECTION LEGISLATION, BREATH & SINEW IS ENTITLED TO ASK YOU TO AGREE THAT THESE STATUTORY GUARANTEES DO NOT APPLY TO YOU. BY EXECUTING OR DIGITALLY ACKNOWLEDGING THESE TERMS AND CONDITIONS, YOU AGREE THAT YOUR RIGHT TO SUE BREATH & SINEW UNDER THE AUSTRALIAN CONSUMER LAW AND WRONGS ACT 1958 (VIC) IF YOU ARE KILLED OR INJURED BECAUSE THE SERVICES WERE NOT RENDERED WITH DUE CARE AND SKILL OR WERE NOT REASONABLY FIT FOR THEIR PURPOSE IS EXCLUDED, RESTRICTED, OR MODIFIED AS SET OUT IN THIS CLAUSE.

5.2 ASSUMPTION OF INHERENT PHYSICAL RISKS: THE CLIENT ACKNOWLEDGES THAT PERSONAL TRAINING, MOVEMENT WORKSHOPS, AND FIGHT CHOREOGRAPHY ARE HIGH-EXERTION PHYSICAL ACTIVITIES INVOLVING OBVIOUS AND INHERENT RISKS OF INJURY, INCLUDING MUSCLE STRAINS, SPRAINS, JOINT DISLOCATIONS, CARDIOVASCULAR DISTRESS, ACCIDENTAL CONTACT BRUISING, FALLS, AND LACERATIONS FROM PROP WEAPONS. THE CLIENT VOLUNTARILY ASSUMES ALL SUCH RISKS AND AGREES THAT BREATH & SINEW, ITS INSTRUCTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS RESULTING FROM SUCH INHERENT OR OBVIOUS RISKS, EXCEPT WHERE CAUSED BY THE GROSS NEGLIGENCE OR RECKLESS CONDUCT OF BREATH & SINEW AS DEFINED BY LAW.

6. Physical Safety, Inclusivity, and Participant Wellbeing

6.1 Inclusivity, Respect, and Safety: Breath & Sinew is committed to fostering an inclusive, respectful, and discrimination-free environment. All participants must treat instructors, venue staff, and fellow clients with mutual dignity regardless of gender, sexual orientation, race, religion, disability, or background.

6.2 Physical Safety and Risk Management: The Client agrees to adhere strictly to all safety directives, warm-up routines, and structural boundaries established by the Instructor. If at any time a Client feels unsafe, dizzy, or experiences acute physical pain, they must immediately cease participation and inform the Instructor.

6.3 Challenging Content and Participant Wellbeing: Fight choreography, theatrical combat, and movement studies may address intense dramatic themes, physical confrontation, or simulated violence. Breath & Sinew prioritizes emotional and psychological safety alongside physical safety. Participants are encouraged to communicate personal boundaries or requests for content adjustments prior to or during instruction.

6.4 Immediate Removal and Zero Tolerance: Breath & Sinew maintains a zero-tolerance policy for reckless behavior, deliberate endangerment, physical aggression, or conduct that threatens the mental, emotional, or social safety of other participants. The Instructor reserves the right to immediately remove any individual from a workshop or training facility for such breaches without refund or credit.

7. Scope of Training, Professional Practice, and Qualified Instructors

7.1 Qualified Instructors: All activities delivered by Breath & Sinew are conducted by instructors holding appropriate professional certifications, insurance, and statutory clearances (including Working with Children Checks where applicable) under Victorian law.

7.2 Scope of Practice: Physical training, fight choreography, and movement instruction provided by Breath & Sinew constitute physical conditioning and dramatic staging only. They do not constitute medical advice, physiotherapy, or psychological counseling. Clients must consult a qualified medical practitioner for diagnosis or treatment of any health condition.

8. Physical Contact and Tactile Cueing Protocols

8.1 Instructional Necessity: The Client acknowledges that movement instruction, personal training, and fight choreography frequently require tactile (hands-on) cueing to adjust anatomical alignment, prevent joint injury, and ensure safe distance management during combat staging.

8.2 Consent and Body Autonomy: Physical contact occurs strictly for professional, instructional purposes. Breath & Sinew respects bodily autonomy. The Client retains the right to opt out of tactile adjustments at any time by verbally notifying the Instructor or calling a safety pause during sessions.

9. Prop Weapons and Stage Combat Safety Controls

9.1 Supply and Ownership:

  • Workshops: Breath & Sinew supplies all prop weapons (blunted steel, wooden, rubber, or replica items) required for workshop participants.

  • B2B Productions: Prop weapon supply for theatrical or screen productions is determined via formal consultation. Where Breath & Sinew loans stock prop weapons to a production, a separate loan agreement establishing equipment care and return terms will apply.

9.2 Regulatory Compliance & Handling Rules: All prop weapon usage complies strictly with the Control of Weapons Act 1990 (Vic) and Firearms Act 1996 (Vic). Participants must follow all safety distances, fight calls, and handling protocols. Unchoreographed strikes, horseplay, or unauthorized handling of prop weapons is strictly prohibited and constitutes grounds for immediate session termination under Clause 6.4.

10. Intellectual Property and Use of Course Material

10.1 Copyright Retention: Pursuant to the Copyright Act 1968 (Cth), all original fight choreography, movement concepts, workshop curricula, training manuals, and instructional materials created by Breath & Sinew remain the exclusive intellectual property of Breath & Sinew.

10.2 Limited Performance License: Upon full payment of agreed fees, Breath & Sinew grants the Client or production company a limited, non-exclusive, non-transferable license to perform and record the specific fight choreography solely for the project or production specified in the service contract.

10.3 Restricted Use: The Client must not teach, modify, adapt, commercialize, or re-sell Breath & Sinew’s choreography, movement sequences, or instructional materials for secondary commercial productions or third-party instruction without express written consent.

11. Media Consent and Privacy

11.1 Media Release: Media recordings (photography, video, and audio) taken during personal training, rehearsals, or workshops are governed exclusively by a separate Media Release Form.

11.2 Privacy Compliance: Personal and health data collected across Acuity, Squarespace, Square, Everfit, and Google Workspace is managed in accordance with the Breath & Sinew Privacy Policy, complying with the Privacy Act 1988 (Cth) and the Health Records Act 2001 (Vic).

12. Governing Law and Jurisdiction

12.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia. The Client irrevocably submits to the exclusive jurisdiction of the courts of Victoria and the Victorian Civil and Administrative Tribunal (VCAT).