Introduction
Welcome to Flow and Food Yoga & Ayurveda ABN 74 134 626 380. By accessing our services (the “Activity”), you (the “Participant”) agree to comply with and be bound by all rules, terms and policies set forth by the Studio and our teachers, mentors, employees, affiliates and associates (the “Activity Provider”).
You agree to the Member Terms and Agreement (the “Membership Terms”) to create an account and book our services. If you do not agree or cannot comply with the Membership Terms, please do not proceed. In addition, please refer to our Terms of Service when using our website and booking system. When you create an account, we process your information as described in our Privacy Policy.
Commencement and Validity
Memberships
- All Membership subscriptions commence on the date of the first class booked by the Participant and will be auto-renewed weekly (every 7-days) from that date as per the membership type description in the Activity Provider booking system. All membership subscriptions are valid for classes and are not valid for special events, workshops, terms, class series or courses.
Class Passes and/or packages
- Class Passes commence on the date of the first class booked by the Participant and will end as outlined in the Activity Provider booking system. Class passes are valid for yoga classes only and are not valid for special events, workshops, terms, class series or courses.
- Casual Class Pass is valid for one (1) yoga class booking only as outlined in the Activity Provider booking system.
- Courses, series, workshops and terms are valid for the specific term outlined in the Activity Provider booking system.
Fees
- You agree to pay the Fees as outlined at www.flowandfood.com.au and in the Activity Provider booking system.
- Membership Fees and Class Pass Fees are all non-refundable.
- Failure to pay auto-renewing Membership Fees on an ongoing basis will result in Membership termination.
- You acknowledge the Activity Provider may increase or change fees at any time.
- You acknowledge external processing may apply.
- The Activity Provider is not responsible for additional bank fees or card fees that you may incur from nominated banks and you acknowledge these may occur.
Membership Disclaimer
- You acknowledge that your Membership subscription will be automatically renewed and your bank card or bank account will be automatically charged depending upon the billing terms for your account, for as long as you remain an auto renewing Member.
- You agree that the Activity Provider is not obligated to send you any renewal or advance billing notices or confirmations that your bank card has been charged.
- The Activity Provider may increase, change or incentivise memberships at their own discretion.
Fitness to Participate
- You acknowledge you do not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent you from participating in the Activity.
- If required, you will obtain a medical examination and clearance. If pregnant, you will obtain a medical examination and clearance and communicate this to the Activity Provider.
Health and Wellness Disclaimer
- Content, including but not limited to classes, articles, blogs, talks and other written resources provided by the Activity Provider, is for informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. You will consult a qualified healthcare provider for any medical or health-related concerns.
Your Obligations
- In order to use our Websites and participate in services, you agree to provide true, accurate, current and complete information about yourself on the membership application form and to maintain and promptly update such account information.
- If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we will suspend or terminate your account immediately without any notice and refuse all current and future use by you of our Websites.
- You agree you are responsible for cancelling booked class attendance at least two (2) hours before the class starts through the Activity Provider booking system.
- You agree to ensure there are sufficient funds available to cover Membership Fees and automatic direct debit.
- If an automatic direct debit is declined due to insufficient funds, you will be directly debited and charged any associated bank or third-party fees after the failed payment that the Activity Provider incurs.
- If an automatic direct debit is declined due to insufficient funds on an ongoing basis of more than 3 weeks, the Activity Provider will terminate your membership.
Cancellation Policy
- The Activity Provider will not accept class cancellations by phone, SMS, email, social media, or any other method. You acknowledge that you are responsible for cancelling your class bookings using your online account.
- If you fail to attend a booked class or cancel a booked class within two (2) hours before the scheduled start time, you will attract a late cancellation fee.
- If you are a Member of any type, a late cancellation fee of $10 AUD will be automatically charged to your nominated bank account.
- If you hold a Class Pass of any type, your account will be charged as if you attended, and your pass will not be credited to your account.
- If you wish to cancel your weekly auto-renewing Membership subscription, you can use your account at any time after a minimum of eight (8) weeks.
- You agree and accept that Membership subscriptions can only be paused on medical grounds for a minimum of seven (7) days to a maximum of 28 days within one (1) calendar year with evidence of a medical certificate. You agree and accept that Membership subscriptions cannot be paused under any other circumstances.
Member Conduct
- You agree to conduct yourself in a respectful and courteous manner.
- You agree that any behaviour or situation deemed by the Activity Provider to be at risk, inappropriate, abusive, or harmful will immediately terminate your Membership or Class Pass, and no fee refunds will apply.
- You agree to and acknowledge all Activity Provider rules and terms.
- Any behaviour that is deemed inappropriate, abusive, or harmful to others will result in immediate termination of your Membership or Class Pass, and no refund will be provided.
- The Activity Provider reserves the right to determine any behaviour that is deemed inappropriate, abusive or harmful to others.
Member Privacy
- You understand that we may collect your personal information, including your name, contact information, and payment details.
- The Activity Provider will use this information to manage your membership, inform you as approved, and provide you with access to our facilities and classes.
- You acknowledge that photographs and videos of you will be periodically collected to promote the Activity Provider on social media, Websites, and other forms of traditional marketing. You take responsibility and will notify the Activity Provider if you have any limitations on using your image.
- When you create an account, we process your information as our Privacy Policy describes.
Liability
- You agree that your participation involves inherent risks and assume all responsibility for any injuries that may occur while participating in classes or using Activity Provider facilities.
- Neither the Activity Provider, its owners, directors, associates, affiliates, teachers, practitioners, instructors, mentors or employees shall be nor be deemed to be responsible or liable (whether in contract, or in tort or under any statute whatsoever), for any injury, illness or mishap you may sustain arising from or out of, or in any way directly or indirectly connected with the Activity Provider.
- You agree to waive and release the Activity Provider, its owners, directors, associates, affiliates, teachers, practitioners, instructors, mentors or employees from any and all claims, damages, or liabilities that may arise from your participation in classes, workshops or use of the Activity Provider.
- You agree to not seek compensation from the Activity Provider, its owners, directors, associates, affiliates, teachers, practitioners, instructors, mentors or employees against all actions, suits, causes of action, proceedings, claims, costs, and expenses whatsoever in connection with or arising out of any such injury, illness, mishap or death.
Consideration
- Being of lawful age and in consideration of being permitted to participate in the Activity, you release and forever discharge the Activity Provider, its owners, directors, associates, affiliates, teachers, practitioners, instructors, mentors or employees, officers, agents, assigns, legal representatives, and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any injury to person or property, including injury resulting in your death which has been or may be sustained as a consequence of your participation in the Activity, and notwithstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Activity Provider.
Governing Law
- These Membership Terms are governed by and construed in accordance with the laws of Australia. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Australia.