Service and Risk Acceptance Agreement

(Experience, Workshop, and Leisure Activities Participation Statement)

ARTICLE 1: PARTIES

This Agreement is entered into by and among Kalkan Dijital Platform E-Ticaret Limited Şirketi, the owner of the atolira.com platform and the Intermediary Service Provider (hereinafter referred to as the “PLATFORM” or “ATOLIRA”); the Partner organizing the Event (hereinafter referred to as the “SERVICE PROVIDER”); and the person participating or registering to participate in the workshops, experiences, and leisure activities offered through the PLATFORM (hereinafter referred to as the “PARTICIPANT”).

This Agreement shall enter into force upon electronic approval or physical signature.

ARTICLE 2: SUBJECT MATTER AND LEGAL NATURE OF THE AGREEMENT

2.1. The subject matter of this Agreement is to determine the conditions of participation, the mutual rights and obligations of the parties, and the risk declarations concerning the educational, social, cultural, artistic, or sporting workshop, Event, or leisure activity booked or attended by the PARTICIPANT through the PLATFORM (hereinafter referred to as the “EVENT” or “EXPERIENCE”).

2.2. Determination of Legal Nature: The parties agree and declare that the service subject to this Agreement is not a “package tour,” “touristic trip,” or “travel agency activity” within the scope of Law No. 1618 on Travel Agencies and the Association of Travel Agencies. It is a leisure and educational experience service organized entirely for the PARTICIPANT’s personal development, entertainment, socialization, and use of leisure time (“Leisure/Experience Services”).

ARTICLE 3: EVENT AND PARTICIPATION TERMS

ARTICLE 4: RISK DISCLOSURE AND PARTICIPANT DECLARATION

The PARTICIPANT acknowledges that the EVENT may involve certain physical, mental, bodily, auditory, or environmental risks due to its nature and agrees that they are participating in the EVENT knowingly and of their own free will. Within this scope, the PARTICIPANT acknowledges the following risks:

• Physical and Auditory Risks and Use of Materials:
  • Workshops and Handicrafts: Risks arising from tools, equipment, kilns, cutting or piercing equipment, and hobby materials used during the activity;
  • Plant and Floral Design and Terrarium Workshops: Risks associated with pruning shears, wire, utility knives, and other cutting or piercing hand tools used in activities such as floral design, plant cultivation or decoration, cactus arrangements, and terrarium making; contact with cacti and thorny plants; breakage of glass containers or terrariums; and contact with soil, fertilizer, plant sap, pollen, or botanical chemicals, including minor cuts, puncture wounds from thorns, skin sensitivity, and allergic reactions;
  • Wellness, Yoga, Sports, and Dance: Physical exertion, breathing and physical exercises, intense cardiovascular effort, rhythmic or sudden movements, stretching, and choreography, including muscle or joint injuries, slipping due to floor conditions, falls, sprains, other injuries, and physical risks;
  • Music and Musical Instruments: Temporary or permanent hearing sensitivity arising in environments with high sound levels and physical sensitivities resulting from instrument use, including broken strings, strain to the fingers or wrists, calluses, and muscle spasms;
  • Beauty, Hairdressing, and Skin Care: Possible skin irritation, allergic reactions, or minor injuries arising from the use of cosmetic, dermocosmetic, chemical, or hygiene products and heated or electrical devices, including hair dryers and curling irons;
  • Acting, Improvisational Theatre, Roleplay, and Voice-Over Workshops: Vocal and respiratory strain, psychological or emotional sensitivity, and muscle or joint injuries, slipping due to floor conditions, falls, sprains, other injuries, or physical risks arising during script reading, roleplay, character performance, creative drama, improvisation exercises, stage movement, stretching, and choreography.

• Health Conditions and Allergies: The PARTICIPANT declares that they do not have any chronic, mental, or physical condition that would prevent them from participating in the EVENT or create a risk during the EVENT, including heart conditions, blood pressure disorders, asthma, epilepsy, muscle or joint conditions, hearing or balance problems, and pregnancy.

  The PARTICIPANT is responsible for notifying the Service Provider in writing before the Event begins of any food allergies relevant to gastronomy workshops; allergies to soil, pollen, or botanical substances relevant to plant and floral workshops; personal limitations relevant to acting or roleplay activities involving emotional or psychological sensitivity; cosmetic sensitivities relevant to beauty and care workshops; and physical or bodily limitations relevant to sports or dance workshops.

  The PARTICIPANT shall be solely responsible for any consequences arising from a failure to provide this information or from providing incomplete information.

• Safety, Hygiene, and Instructions: The PARTICIPANT undertakes to strictly comply with all verbal and written instructions concerning safety, hygiene, and movement restrictions given during the EVENT by instructors, field specialists, studio or venue operators, and PLATFORM representatives.

  The PARTICIPANT shall avoid exceeding their personal physical limitations, particularly during dance, sports, and music activities, and shall be fully responsible for any injury or damage resulting from conduct contrary to these instructions.

ARTICLE 5: LIMITATION OF LIABILITY

5.1. Except in cases of gross negligence, the PLATFORM and the relevant Instructor, Workshop Owner, or Studio Owner shall have no civil or criminal liability under the applicable provisions of the Turkish Code of Obligations No. 6098 for any pecuniary or non-pecuniary damage, bodily harm, injury, loss, or theft suffered by the PARTICIPANT as a result of:

• Failure to comply with safety or studio rules established by the instructor or the PLATFORM;
• Personal negligence;
• Exceeding their own limits while performing rhythmic or physical movements or using musical instruments; or
• The acts of other participants or third parties at the EVENT venue.

5.2. Child Participants and Responsibility of Accompanying Adults: If a participant under the age of 18 (“Child Participant”) attends the EVENT, the parent or legal guardian agrees and declares that they have approved this Agreement on behalf of the minor. The following rules shall apply depending on the type of Event:

• a) Workshops Requiring an Accompanying Adult: The parent or legal guardian must remain with the Child Participant throughout the EVENT. The parent or legal guardian shall be personally responsible for the Child Participant’s conduct, safety, and supervision at the Event venue.
• b) Workshops Allowing Unaccompanied Participation: The parent or legal guardian agrees that the Child Participant will remain under the supervision of the Instructor/Workshop during the stated Event hours. In such circumstances, the parent or legal guardian must disclose in writing any previously identified special condition concerning the Child Participant, including attention deficit, behavioral disorders, or special needs. The parent or legal guardian must also deliver the Child Participant at the announced starting time and personally collect the Child Participant, or arrange collection by an authorized person, at the announced finishing time.

5.3. Payment Collection Facilitation: The PLATFORM is the Intermediary Service Provider authorized to collect registration fees on behalf of the Service Provider (Partner). Once the PARTICIPANT pays the registration/participation fee to the PLATFORM, the PARTICIPANT shall be deemed to have fully discharged their payment obligation to the Service Provider.

ARTICLE 6: PROTECTION OF PERSONAL DATA (KVKK) AND VISUAL MEDIA CONSENT

6.1. The PLATFORM undertakes to process the PARTICIPANT’s personal data obtained under this Agreement in accordance with the Turkish Personal Data Protection Law No. 6698 (“KVKK”) and solely for the performance of the service and fulfillment of statutory obligations.

6.2. Use of Photographs and Videos: Photographs and video recordings may be taken by the PLATFORM or Workshop representatives during the EVENT for use in social media, promotional, advertising, and archival activities.

The PARTICIPANT gives prior consent to the use of their image for these purposes in general group photographs and recordings. The PARTICIPANT reserves the right to decline individually focused photographs or recordings.

ARTICLE 7: CANCELLATION, REFUND, AND RESCHEDULING TERMS

7.1. Dynamic Cancellation Terms and Exception to the Right of Withdrawal: As this service constitutes a leisure activity taking place on a specific date or within a specific period, it is exempt from the statutory right of withdrawal under Article 15(1)(g) of the Regulation on Distance Contracts. Accordingly, there is no right of withdrawal or unconditional refund for participation registrations.

The PARTICIPANT agrees that they may not submit an unjustified chargeback request to their bank after participating in the Event using the digital participation confirmation or after the service has been performed. If such a request is submitted, the PLATFORM reserves the right to claim compensation for any resulting losses and initiate legal proceedings.

• The cancellation, refund, rescheduling, and notice-period terms applicable to each EVENT are determined by the relevant Service Provider (Partner) and published on the relevant Event page on atolira.com before registration.
• The PARTICIPANT cannot cancel a participation registration directly through the automated system.
• Cancellation and refund requests must be submitted in writing through Atolira’s support/contact channels, including email or the support form, and only within the periods and under the conditions stated on the relevant EVENT page.
• Valid refunds approved by the Service Provider (Partner), or requested within the advertised cancellation period, shall be returned directly to the card or account used by the PARTICIPANT through the PLATFORM’s integrated virtual POS system. Depending on the bank’s processing procedures, it may take between 7 and 14 business days for the refund to appear on the card or account.
• No refund, postponement, or date change shall be provided under any circumstances if the cancellation period published on the relevant Event page has expired, the registration was created as “Final Registration / Non-Refundable,” or the registration relates to a recurring Workshop/Event.

ARTICLE 8: COMPETENT COURTS AND ENTRY INTO FORCE

8.1. Atolira (Kalkan Dijital Platform E-Ticaret Ltd. Şti.) is the Intermediary Service Provider that facilitates registrations and reservations through the Platform.

All legal, administrative, and criminal liability arising from the content or quality of the Event or Workshop; venue safety; any bodily injury, property damage, or accidents that may occur during the Event; or failure to perform the service properly, including defective service, shall rest exclusively with the relevant Service Provider (Partner/Workshop).

The Participant agrees that all requests and complaints relating to the provision of the service shall be addressed directly to the Service Provider.

8.2. The İstanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction over commercial and legal disputes arising from this Agreement or the use of the Platform, without prejudice to the mandatory jurisdiction provisions of consumer legislation.

By participating through the PLATFORM, the PARTICIPANT shall be deemed to have read and understood all provisions of this Agreement and accepted the associated risks.

8.3. The invoice for the Event participation service shall be issued exclusively by the Service Provider (Partner) in accordance with applicable legislation and delivered to the PARTICIPANT. The PLATFORM shall issue a commission invoice to the Partner in return for the registration payment collection and platform intermediation services it provides.

PARTICIPANT DECLARATION AND DIGITAL APPROVAL TEXT

This Agreement shall be deemed to have been mutually accepted electronically and shall enter into force when the PARTICIPANT creates a participation/reservation registration through the atolira.com platform, selects the relevant approval checkbox, and completes the payment transaction.

The PARTICIPANT agrees and declares that they have read and understood the content of this Agreement, the risk disclosures, and the cancellation and refund terms and that they accept them of their own free will.

The PARTICIPANT further agrees and declares that the IP address, transaction timestamp, membership information, and order information recorded on the Platform constitute valid electronic approval/signature under the Turkish Code of Obligations No. 6098 and Law No. 6563.

PARTICIPANT (Consumer / User)

• Full Name: [Automatically Retrieved from the System]
• Turkish ID / Passport Number: [Automatically Retrieved from the System]
• Transaction Date and Time: [Timestamp / Automatic Record]
• IP Address: [User IP Record]
• Approval Status: Digitally Approved (The Approval Checkbox Was Selected During Payment)

INTERMEDIARY SERVICE PROVIDER (Platform)

• Trade Name: Kalkan Dijital Platform E-Ticaret Limited Şirketi (atolira.com)
• Tax Office / Number: Tax Number: 4931528768 / Beylikdüzü Tax Office
• Approval Status: Electronically Approved