Terms & Conditions - Family, Adults, Kids Yoga

Welcome to Namaste Yogis Yoga Classes. We are delighted to have you and your child join us. So that everyone has a safe and enjoyable experience, we ask you to read our terms and conditions (Terms) below and sign on the relevant form provided as the participant or in your capacity as parent or guardian of the child.

 

TERMS

 

You are the parent/ guardian of the child/ children named on the registration form and acknowledge and agree to abide by the rules set by Namaste Yogis [ABN 61 975 049 161] (Business) and on the registration form.

 

1. You acknowledge and agree that you give your child/ children permission to participate in in person and / or Online Yoga Classes run by the Business (Yoga).

2. You agree that participation in any in person or online Yoga exercise program (Programs) could constitute a risk of serious injury to yourself and your child/ children, and agree to waive any claim you may have against the Instructor and /or the Business and assume this risk.

 

3. If at any time you believe conditions to be unsafe for you and / or your child / children, you will immediately discontinue participation in the class and seek medical assistance.

 

4. As a participant and / or as the parent / guardian of your child/ children you grant a waiver and release (Release), indemnify, hold harmless and forever discharge the Business and its instructors of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your and your child’s participation in the Yoga class or loss or damage of personal property as a result of that Yoga class, provided that this waive of liability does not apply to any negligent act or omission by Business. 

 

5. All purchases are final. Namaste Yogis does not offer refunds on its Programs for change of mind, injury, illness, change of address or any other reason unless required by Australian Consumer Law. Purchases may be transferred to other persons upon request. The Business, in its sole discretion may grant refunds to you without prejudicing any rights under these terms.

 

6. You acknowledge that Namaste Yogis staff are not medically trained and are not qualified to assess if you or your child can undertake the Namaste Yogis Programs without risk to health, safety or comfort. You further acknowledge and agree that any Programs provided by Namaste Yogis are for informational and educational purposes only and may not be suitable to you or your child’s circumstances and that our Programs may involve strenuous activity. By participating in our Programs or attending our facilities, you acknowledge and agree that you or your child may be exposed to certain risks including injury or loss to person, or loss or damage to personal property, and you agree that Namaste Yogis shall have no liability to you, your successors and assigns for any such injury, loss or damage.

 

7. You are aware that you and your child/ children will participate in physical activity with vigorous stretches and acknowledge and agree that you have been given the opportunity to have yourself and/or your child examined by a licensed medical practitioner to confirm that you and / or your child/ children can perform all Yoga exercises;

 

8. You agree to stop yourself and / or your child during the class and inform us if any pain, injury or illness is present or feel that the yoga exercise would be unsafe or uncomfortable.

 

9. In completing this online registration and completing this online class you agree with the waiver at Annexure A (“Consent and Waiver”) and acknowledge that you have read and understood it.

 

10. Notwithstanding any limitations or restrictions placed on this agreement under the Australian Consumer Law, you acknowledge and agree that Namaste Yogis shall not have any responsibility or liability to you in respect of any loss or damages you or your child may suffer, directly or indirectly, in connection with your attendance at or participation in Yoga Programs. You further agree to defend, indemnify and hold harmless Namaste Yogis its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including but not limited to solicitor’s fees) which may be suffered by it or them in connection with you or your child’s participation in Namaste Yogis Programs.

 

11. The collection, use, storage and limited disclosure of personal information (and any associated health information) is subject to Namaste Yogis Privacy Policy and confirm that you consent to the terms of this Policy.

12. With respect to online Yoga Classes, by clicking on the ‘Zoom’ link, or any other platform we may use to deliver our online classes, you are acknowledging and agreeing that:

a) the child/children have permission to be online;

 

b) you will ensure that the children are wearing appropriate clothing that is suitable for yoga and in no way hazardous or inappropriate;

c) that, if appropriate, you will ensure cameras and webcams are located in a communal space like a classroom, hall, living room, or rumpus room;

d) that the children are participating in the online yoga classes at their own risk. You understand that yoga is likened to sport, and injury may occur. 

e) you understand that Namaste Yogis is strictly monitoring our online yoga classes and have safety platforms and procedures. We reserve the right to record and archive any online lesson for child safety purposes, and for any reason in line with the business. 

f) Some of the material in our online lessons is subject to copyright and belongs to Zenergy, noting that Namaste Yogis is licensed to provide the lessons. The Balance of the class is the intellectual property of Namaste Yogis. None of the class content is approved for sharing, or for any recording. You are not permitted to share the classes, or links and passwords to the online sessions. 

g) Namaste Yogis is not responsible for any problem or technical malfunction of networks or lines, servers, providers, computer equipment, software or any other connectivity issue experienced. 

 

13. You must not access or use our Website in a way that violates these Website terms of use (“Terms of Use”), or for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. 

 

14. You must take your own precautions to ensure that the process which you employ for accessing our Website and/ or online classes does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system or any of your devices, which arise in connection with your use of our Website, our online classes or any linked Website. 

 

15. We do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Website updated. 

 

16. You also agree that your use of our Website, online classes and Programs is for personal non-commercial use. You agree not to access, copy, or otherwise use our Website or Programs, including our intellectual property and trademarks, except as permitted under these Terms of Use or as otherwise authorised in writing by us.  

 

17. We reserve the right to alter, update, or remove any of our Website or Programs at any time. We may modify our Website for any security reason, in our discretion. 

18. Unless otherwise indicated, copyright and other intellectual property rights in our Website (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) and online and in person classes and Programs is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed in these Terms of Use, the design of our Website and Service along with all created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights as applicable under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:

a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Website; or

b) commercialise any information, products or services obtained from any part of our Website, without our written permission.

 

19. You understand that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. 

 

20. Your access to our Website or online classes and Programs may be terminated at any time by us without notice. These Terms of Use will nevertheless survive any such termination.

 

21. The Business reserves the right to cancel any event, in which case a full refund will be granted, or credit provided.

 

22. These Terms and the accompanying Waiver and Release contain the entire agreement between parties, and supersedes any prior written or oral agreements between them and the provision of this Release will continue in full force and effect even after the termination of the yoga classes conducted by the Business, whether by agreement, by operation of law, or otherwise.