(Experience, Workshop, and Leisure Activities Participation Statement)
ARTICLE 1: PARTIES
This Agreement has entered into force upon electronic approval between Kalkan Dijital Platform E-Ticaret Limited Şirketi, the owner of the atolira.com platform in the position of the SELLER (hereinafter referred to as "ATOLIRA" or "SELLER"), on the one hand, and the person participating/creating a participation registration in the workshop, event, experience, and leisure time activities offered via ATOLIRA (hereinafter referred to as "PARTICIPANT"), on the other hand.
ARTICLE 2: SUBJECT AND LEGAL NATURE OF THE AGREEMENT
2.1. The subject of this Agreement is the determination of the conditions of participation, the mutual rights and obligations of the parties, and the risk declarations regarding the educational, social, cultural, artistic, or sports-oriented workshop, event, and leisure time activity (hereinafter briefly referred to as "EVENT" or "EXPERIENCE") for which the PARTICIPANT has created a registration or joined via ATOLIRA.
2.2. Determination of Legal Nature: The parties accept and declare that the service subject to this agreement is not a "package tour", "touristic trip", or "travel agency activity" within the scope of the Travel Agencies and Association of Travel Agencies Law No. 1618; it is entirely a leisure and educational experience activity (Leisure/Experience Services) organized for the purpose of the PARTICIPANT's personal development, entertainment, socialization, and evaluation of leisure time.
ARTICLE 3: EVENT AND PARTICIPATION CONDITIONS
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Event Name / Subject |
It is the event, workshop, or experience activity for which the participation registration/right is purchased by the Participant via the Atolira (atolira.com) platform and whose details are announced on the relevant event page, in the registration summary, and the e-mail confirmation document. |
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Instructor / Field Supervisor |
It is the authorized Instructor or expert personnel assigned by Atolira, who presents the event content, conducts the operation, and is announced on atolira.com. (Instructor information may be changed by Atolira depending on the nature of the event or operational necessities.) |
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Event Venue / Location |
It is the indoor/outdoor area whose full address is specified on the event page on ATOLIRA prior to registration and in the digital participation confirmation/e-mail transmitted to the Participant after registration. |
ARTICLE 4: RISK NOTIFICATION AND PARTICIPANT DECLARATION
The PARTICIPANT accepts that they are aware the EVENT they will attend may contain certain physical, mental, bodily, or environmental risks due to its nature, and that they participate in the EVENT knowingly and of their own free will regarding these risks. In this context:
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Physical, Auditory Risks and Use of Materials:
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Workshop and Handicrafts: Risks arising from the tools, implements, ovens, cutting/piercing equipment, or hobby materials to be used;
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Plant, Floral Design, and Terrarium: Risks of minor cuts, piercing thorns, skin sensitivity, and allergic reactions that may occur as a result of using cutting/piercing hand tools such as pruning shears, wire, utility knives to be used in activities like floral design, plant cultivation/decoration, cactus and terrarium making; contact with cacti and thorny plants; glass globe/terrarium breakages; and contact with soil, fertilizer, plant sap, or pollen/plant chemicals;
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Wellness, Yoga, Sports, and Dance: Muscle/joint injuries, slipping due to the floor, falling, sprains, injuries, or physical risks that may occur during bodily effort, breathing and physical exercises, high cardiovascular effort, rhythmic/sudden movements, stretching, and choreographies;
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Music and Instrument: Temporary/permanent hearing sensitivities that may be experienced in environments with high volume levels, and physical sensitivities (string breakage, finger/wrist strain, callus, or muscle spasms, etc.) that may occur during the use of instruments;
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Beauty, Hairdressing, and Skincare: Being aware of possible skin irritations, allergic reactions, or minor injury risks that may occur during the use of cosmetic, dermocosmetic, chemical, and hygienic materials and heat/electrical devices (hair dryer, curling iron, etc.);
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Acting, Improvisational Theater, Roleplay, and Voice-Over Workshops: Voice and breath strain, psychological and emotional sensitivities during line reading, role-playing, character animation, creative drama, and improvisation exercises; muscle/joint injuries, slipping due to the floor, falling, sprains, injuries, or physical risks that may occur during physical stage movements, stretching, and choreographies;
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Health Condition and Allergies: They are obliged to declare in writing before the Event starts that they do not have any chronic, mental, or physical ailment (heart condition, blood pressure, asthma, epilepsy, muscle-joint disorders, hearing/balance problems, pregnancy, etc.) that would prevent their participation in the EVENT or pose a risk during the event; to notify food allergies in gastronomy workshops, soil, pollen, and botanical allergies in flower/plant workshops, personal limitations in acting and roleplay activities requiring emotional/psychological sensitivity, cosmetic sensitivities in beauty/care workshops, and physical/bodily limitations in sports/dance workshops; and that they will be exclusively responsible for the consequences arising in case of failure to notify or incomplete notification,
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Security, Hygiene, and Instructions: They commit to strictly following all verbal and written instructions regarding security, hygiene, and movement limits given by the instructors in charge, field experts, studio/venue operators, and ATOLIRA officials during the EVENT; to avoid pushing their own bodily and physical limits especially in dance, sports, and music activities, and that they will be fully responsible for any possible injuries or damages that may occur as a result of contrary behaviors.
ARTICLE 5: LIMITATION OF LIABILITY
5.1. In accordance with the relevant articles of the Turkish Code of Obligations No. 6098, excluding cases of gross negligence, ATOLIRA and the Instructors in charge have no legal or penal liability for any material, moral, bodily damages, disablements, injuries, losses, or theft cases that the PARTICIPANT may suffer as a result of failing to comply with the security and studio rules determined by the instructor or ATOLIRA, personal carelessness, exceeding their own limits during rhythm/movement/instrument use, or third-party actions of other participants in the EVENT area.
5.2. Child Participants and Chaperone Responsibility: In the event that participants under the age of 18 ("Child Participant") join the EVENT, the parent or legal guardian accepts and declares that they approve this Agreement on behalf of the minor child. The rules to be applied depending on the type of event are as follows:
- a) In Workshops with a Mandatory Chaperone: The parent/guardian is obliged to be present with the Child Participant during the EVENT. The parent/guardian is personally responsible for the actions, security, and personal tracking of the Child Participant in the event area.
- b) In Workshops with Unchaperoned (Without Parent) Participation: The parent/guardian accepts that they leave the Child Participant under the supervision of the Instructor/Workshop officials between the specified event hours. In this case, the parent/guardian is obliged to declare in writing if the Child Participant has a previously notified special condition (attention deficit, behavioral disorder, special need, etc.), to drop off the child at the announced start time, and to pick up the child personally (or via an authorized person) at the end time.
5.3. Performance of the Payment Obligation: With the PARTICIPANT's payment of the registration/participation fee to ATOLIRA in the position of the Seller, the payment obligation is deemed to be completely fulfilled.
ARTICLE 6: PROTECTION OF PERSONAL DATA (KVKK) AND VISUAL PERMISSION
6.1. ATOLIRA commits to processing the personal data belonging to the PARTICIPANT obtained within the scope of this agreement solely for the purposes of performing the service and fulfilling legal obligations in accordance with the Law on the Protection of Personal Data (KVKK) No. 6698.
6.2. Use of Photographs and Videos: During the EVENT, photograph and video recordings may be taken by ATOLIRA or authorized instructors/field supervisors to be used in social media, promotion, advertising, and archiving activities. The PARTICIPANT accepts in advance the use of their images in general group shots for these purposes. (The right to refrain from special focus shots is reserved).
ARTICLE 7: CANCELLATION, REFUND, AND MODIFICATION CONDITIONS
7.1. Dynamic Cancellation Conditions and Withdrawal Exception: Since this service is in the nature of an activity related to the use of leisure time taking place on a specific date or period, it is an exception to the legal right of withdrawal pursuant to Article 15/1-g of the Regulation on Distance Contracts; there is no right of withdrawal or unprompted refund in the created participation registrations.
The PARTICIPANT accepts that they cannot make an unjust chargeback objection before their bank after participating in the event with the digital participation confirmation or after the service has been performed, and in the event of doing so, ATOLIRA reserves the right to claim and sue for resulting damages.
- The cancellation, refund, exchange, and time conditions applicable to each EVENT are determined by ATOLIRA and announced on the relevant Event page on atolira.com prior to the creation of the registration.
- The PARTICIPANT cannot directly cancel the participation registration they created via the automation system.
- Cancellation and refund requests must be submitted in writing solely via Atolira support/communication channels (e-mail or support form) within the framework of the time and conditions specified on the relevant EVENT page.
- Valid refunds made within the cancellation periods approved or announced by ATOLIRA are directly reflected to the card/account from which the PARTICIPANT made the payment via ATOLIRA's integrated virtual POS system. The reflection of the refunded amount to the card may take 7-14 business days, depending on the transaction processes of the banks.
- If the cancellation period announced on the page of the relevant event has expired, if the registration was created as "Final Registration / Non-Refundable", or if it is a periodic workshop/event; no fee refund, registration postponement, or date change will be made under any circumstances (statutory rights arising from current legislation are reserved).
ARTICLE 8: COMPETENT COURT AND ENFORCEMENT
8.1. The Seller (Atolira) is responsible for performing the registered service defect-free, in accordance with the announced qualifications and durations, and in compliance with consumer legislation. Atolira cannot be held responsible for personal damages arising from the Participant's own fault, or failure to comply with instructions or security rules during the event.
8.2. Istanbul (Çağlayan) Courts and Execution Offices are authorized for commercial and legal disputes that may arise from this Agreement and the use of the platform (Mandatory jurisdiction rules of consumer legislation are reserved). By participating via ATOLIRA, the PARTICIPANT is deemed to have declared that they have read, understood all articles, and accepted the risks.
8.3. Invoicing: The total service invoice, including VAT, regarding event participation is issued by the Seller (Atolira / Kalkan Dijital Platform E-Ticaret Ltd. Şti.) and transmitted to the PARTICIPANT electronically (e-mail / e-Archive Invoice).
PARTICIPANT DECLARATION AND DIGITAL APPROVAL TEXT
This Agreement has been mutually accepted and entered into force electronically upon the PARTICIPANT's creation of a participation/reservation registration via the atolira.com platform, ticking the relevant confirmation checkbox, and completing the payment process.
The PARTICIPANT accepts and declares that they have read, understood, and accepted the content of the Agreement, risk notifications, cancellation, and refund conditions of their own free will; and that the IP address registered on the platform, transaction timestamp (date/time), and membership/registration information constitute a valid electronic approval/signature in accordance with the Turkish Code of Obligations No. 6098 and the Law No. 6563.
PARTICIPANT (Consumer / User)
Name Surname: [Automatically Pulled from the System]
TR ID / Passport No: [Automatically Pulled from the System]
Transaction Date and Time: [Timestamp / Auto Record]
IP Address: [User IP Record]
Approval Status: Digitally Approved (The Checkbox Was Ticked During Payment)
SELLER (ATOLIRA)
Title: Kalkan Dijital Platform E-Ticaret Limited Şirketi (atolira.com)
Tax Office / No: Tax No: 4931528768 / Beylikdüzü Tax Office
Approval Status: Approved Electronically