PARTICIPANT AGREEMENT, TERMS & CONDITIONS, INFORMED CONSENT, LIABILITY WAIVER & RELEASE

Effective Date: June 2026

Please read this Agreement carefully before purchasing, accessing, attending or participating in any service provided by Kelly Sutton or Kelly Sutton Coaching.

By purchasing, enrolling in, attending, accessing, participating in, downloading, viewing or otherwise using any Service provided by Kelly Sutton and/or Kelly Sutton Coaching, you acknowledge that you have read, understood and agree to be legally bound by this Agreement.

If you do not agree to these Terms, you must not participate in the Services.

1. DEFINITIONS

In this Agreement:

"Kelly Sutton", "Kelly Sutton Coaching", "We", "Us" and "Our" means Kelly Sutton, Kelly Sutton Coaching, Exhale Women's Space, contractors, assistants, volunteers, facilitators, representatives, agents and affiliates.

"Customer", "Participant", "Client" or "You" means any person accessing, purchasing, attending or participating in the Services.

"Services" includes but is not limited to:

• 1:1 Coaching
• Group Coaching
• Women's Circles
• Exhale Women's Space
• NLP Sessions
• ECT Sessions
• Hypnosis Sessions
• Breathwork Sessions
• Nervous System Regulation Sessions
• Workshops
• Retreats
• Courses
• Memberships
• Online Programs
• Recorded Content
• Meditations
• Events
• Training Programs
• Educational Resources
• Digital Products
• Any other service provided by Kelly Sutton and/or Kelly Sutton Coaching.

2. IMPORTANT NOTICE

The Services provided by Kelly Sutton and/or Kelly Sutton Coaching are educational, personal development and coaching services only.

The Services are not:

• Medical treatment
• Psychological treatment
• Psychiatric treatment
• Counselling
• Psychotherapy
• Mental health treatment
• Crisis intervention
• Healthcare services
• Allied health services
• Legal advice
• Financial advice

The Services are not intended to diagnose, treat, cure or prevent any disease, illness, mental health condition or medical condition.

If you require medical, psychological, psychiatric or healthcare support, you should seek assistance from an appropriately qualified professional.

3. PARTICIPATION IS VOLUNTARY

You acknowledge and agree that:

• Participation is voluntary.
• You are participating of your own free will.
• You may discontinue participation at any time.
• You are solely responsible for your decisions, actions and outcomes.
• Results cannot be guaranteed.
• Individual outcomes vary.

You accept full responsibility for all consequences arising from your participation.

4. HEALTH DECLARATION

By participating in any Service you warrant that:

• You are physically capable of participating.
• You are emotionally capable of participating.
• You are mentally capable of participating.
• You have disclosed any relevant health conditions where requested.
• You have sought professional advice where appropriate.

You agree not to participate if a healthcare professional has advised against your participation.

5. BREATHWORK, HYPNOSIS & WELLNESS ACTIVITIES

You acknowledge that breathwork, hypnosis, meditation, embodiment exercises, emotional processing exercises, visualisation, NLP processes and wellness activities may result in:

• Emotional release
• Physical sensations
• Increased awareness
• Emotional discomfort
• Temporary fatigue
• Personal insights
• Changes in perception

You understand these responses are normal and voluntarily assume all risks associated with participation.

You agree to immediately stop any activity if you feel unsafe, unwell or uncomfortable.

6. BREATHWORK CONTRAINDICATIONS

You agree to seek medical advice before participating in breathwork activities if you have or have previously experienced:

• Cardiovascular disease
• High blood pressure
• Heart conditions
• Stroke
• Epilepsy or seizures
• Glaucoma
• Severe asthma
• Respiratory disorders
• Pregnancy
• Severe mental illness
• Recent surgery
• Hospitalisation
• Any condition that may be affected by altered breathing patterns

You accept responsibility for determining your suitability to participate.

7. ASSUMPTION OF RISK

You understand that personal development work may involve emotional, physical and psychological risks.

These risks may include:

• Emotional discomfort
• Triggered memories
• Fatigue
• Stress responses
• Physical sensations
• Temporary emotional upset
• Changes in relationships
• Personal challenges associated with growth

You voluntarily assume all risks associated with participation.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Kelly Sutton and/or Kelly Sutton Coaching exclude all liability for:

• Personal injury
• Emotional distress
• Psychological injury
• Loss of income
• Loss of opportunity
• Loss of profits
• Business interruption
• Consequential loss
• Indirect loss
• Property damage
• Any outcome resulting from your participation

Nothing in this Agreement excludes any rights that cannot lawfully be excluded under Australian Consumer Law.

Where liability cannot be excluded, liability shall be limited to the maximum extent permitted by law.

Where permitted by law, liability shall be limited to the amount paid by the Participant for the relevant Service.

9. RELEASE AND WAIVER

To the fullest extent permitted by law, you release and forever discharge Kelly Sutton and/or Kelly Sutton Coaching from any claim, action, demand, proceeding, loss, liability, damage or expense arising directly or indirectly from your participation in the Services.

This release applies whether arising from:

• Negligence
• Breach of contract
• Breach of statutory duty
• Error
• Omission
• Act or failure to act

except where liability cannot legally be excluded.

10. INDEMNITY

You agree to indemnify and hold harmless Kelly Sutton and/or Kelly Sutton Coaching from any claim, liability, loss, damage, expense, legal cost or demand arising from:

• Your participation in the Services
• Your actions or omissions
• Your breach of this Agreement
• Injury caused by your conduct
• Damage to property caused by your conduct

11. CONFIDENTIALITY

Kelly Sutton and/or Kelly Sutton Coaching is committed to maintaining confidentiality.

However, you acknowledge that:

• Group environments cannot guarantee confidentiality.
• Participants are responsible for maintaining privacy of information shared by others.
• You agree not to disclose personal information shared by other participants.

12. CODE OF CONDUCT

Participants agree to:

• Behave respectfully
• Participate safely
• Respect confidentiality
• Follow facilitator directions
• Maintain appropriate boundaries

Kelly Sutton and/or Kelly Sutton Coaching reserves the right to remove any participant who is disruptive, abusive, unsafe or inappropriate.

No refund will be provided where removal occurs due to a breach of this Agreement.

13. INTELLECTUAL PROPERTY

All content remains the intellectual property of Kelly Sutton and/or Kelly Sutton Coaching including:

• Worksheets
• Recordings
• Training materials
• Meditations
• Processes
• Frameworks
• Videos
• PDFs
• Course materials

You may not reproduce, distribute, sell, copy or share materials without written permission.

14. MEDIA CONSENT

Photographs, videos and recordings may be taken during Services.

By participating you consent to use of such content for:

• Marketing
• Education
• Promotional activities
• Social media
• Website content

unless you notify Kelly Sutton and/or Kelly Sutton Coaching in writing before participation.

15. PAYMENT TERMS

Full payment is required before participation unless otherwise agreed.

Payment plans remain payable in full regardless of attendance.

Failure to make payments may result in suspension of access.

16. REFUND POLICY

Kelly Sutton and/or Kelly Sutton Coaching complies with Australian Consumer Law.

Except where required by law:

• No change-of-mind refunds are available.
• No refunds for missed sessions.
• No refunds for non-attendance.
• No refunds for unused portions of Services.

At our discretion, credits or rescheduling may be offered.

17. FORCE MAJEURE

Kelly Sutton and/or Kelly Sutton Coaching is not liable for delays, cancellations or interruptions caused by events beyond reasonable control including:

• Natural disasters
• Venue closures
• Illness
• Government restrictions
• Internet outages
• Technology failures
• Third-party platform failures

18. ONLINE PROGRAMS

Kelly Sutton and/or Kelly Sutton Coaching is not responsible for:

• Internet disruptions
• Zoom outages
• Software failures
• Device failures
• Third-party platform interruptions

Participants are responsible for ensuring adequate technology access.

19. DISPUTE RESOLUTION

Any dispute arising from this Agreement shall first be referred to mediation in Queensland, Australia before court proceedings are commenced.

20. GOVERNING LAW

This Agreement is governed by the laws of Queensland, Australia.

The parties submit to the exclusive jurisdiction of the Courts of Queensland.

ACKNOWLEDGEMENT

By ticking the acceptance box, signing electronically, attending an event, purchasing a product or participating in any Service provided by Kelly Sutton and/or Kelly Sutton Coaching, you acknowledge that:

• You have read this Agreement.
• You understand this Agreement.
• You agree to be legally bound by this Agreement.
• You voluntarily assume the risks associated with participation.
• You release Kelly Sutton and/or Kelly Sutton Coaching to the fullest extent permitted by law.
• You understand the Services are educational, coaching and personal development services and not healthcare services.

END OF AGREEMENT