Calmer Yoga Wellness Pty Ltd
(it’s Teachers & Instructors, “Calmer”)
By continuing to access the Calmer Yoga Wellness Program, Studio or Website you are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with our Privacy Policy and Agreement of Release & Waiver of Liability, govern Calmer’s relationship with you in relation to our website, Yoga Program and Studio.
The term ‘you’ refers to the participant, user or viewer of our programs, website or studio and its near surrounds. We reserve the right to update, change or replace any part of these Terms and Conditions at any time. It is your responsibility to periodically check our website for changes. If you disagree with any part of these terms and conditions, please do not use our website.
Terms & Conditions
Please read through the Terms and Conditions thoroughly. When enrolling as a student of Calmer Yoga Wellness Pty Ltd, you agree to the Terms and Conditions as laid out in this document.
While we endeavour to deliver all our classes on time and as advertised, classes are subject to change or cancellation without notice. Calmer Yoga Wellness Pty Limited is not liable to refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason.
Teachers are subject to change without notice.
Please arrive at least 10 minutes before class as late entry is discouraged. Leaving class early without a medical reason is strongly discouraged. Please check-in with the instructor before each class. Calmer has the right to refuse entry at any time.
Calmer is not responsible for the safekeeping of your belongings. Bookings are to be made via our website www.calmer.yoga or in the studio and class payment must be made upon booking.
You agree that you have been examined by a qualified medical practitioner within the past six months and have been found by such practitioner to be in good physical health and physically able to perform all yoga exercises. Classes at Calmer may be physically strenuous, and you voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death.
You will follow all instructions given to you by Calmer and you acknowledge that any failure to do so will be at your own risk and may cause injury. Calmer is in no way liable for any injury, loss of property or death resulting from attending our studio.
By booking into a class, event or retreat, you automatically agree to our Terms & Conditions.
Cancellation Policy
Our Cancellation Policy is in place to ensure everyone has a chance to attend our classes, events and retreats. Cancellations will not be accepted via phone, email or social media. Yoga class, event and retreat cancellations (including those booked on a 10 Class Pass) must be made via the website www.calmer.yoga or via the link in your emailed booking confirmation.
In the case of:
Yoga Classes and Events:
- If the cancellation is made more than twenty-four (24) hours before the class/event start time you will not incur a fee.
- Cancellations within 24 hours of class/event start time will be charged the full class fee. Any no show or absence will result in the forfeit of that visit.
- If such non-attendance was the result of injury, illness, or any other emergency, and it is within 24 hours of class commencement, Calmer reserves the right to decide if a refund or credit will be issued to you.
- You must contact Calmer as soon as possible to advise the reason for non-attendance.
Retreats:
- If a cancellation is made four (4) weeks before the retreat’s start date you will be refunded 100% of your booking fee.
- If your cancellation is within two (2) weeks of the retreat start date you will be refunded 50% of your booking fee.
- If your cancellation is within 48 hours of the retreat starting time and date, you will be charged the full retreat fee. Any no show or absence will result in the forfeit of the full fee.
- If Calmer Yoga Wellness holds a waitlist for the retreat and your place can be filled by another person within one (1) week of the retreat commencement starting time and date, Calmer will refund your full fee.
- In the event of injury, illness, or any other emergency preventing your attendance, Calmer reserves the right to decide if a refund or credit will be issued.
- You must contact Calmer Yoga Wellness as soon as possible to advise the reason for non-attendance.
Pricing
All prices are correct at the time of online publication. We reserve the right to amend prices and our prices are subject to change without notice. Prices may increase from time to time to reflect increases in cost and benefits.
If a payment is declined due to insufficient funds, the transaction will fail, and you will be unable to book or attend classes. Calmer is not responsible for additional bank feeds that you may incur from your bank. Bank fees are under the terms and conditions of contractual agreements that lie between you and your bank.
The terms and conditions of our third-party booking system, Acuity Scheduling, and payment system, Stripe, form a binding component of your agreement.
Yoga Classes
All purchases are final. Calmer does not offer refunds, transfers, suspensions, or extensions on classes for change of mind. See the Cancellation Policy above for more information.
10 Class Pass
10 Class Passes are:
- a one-off upfront payment.
- non-transferable and can only be used for Yoga Classes (retreats and events are excluded).
- able to be used by the owner of the pass to book a class for a friend or family member.
Event
If you cannot attend an event, you may transfer your booking into another person’s name by calling or emailing Calmer Yoga Wellness at least twenty-four (24) hours before the start of the event.
Retreat
If you cannot attend a retreat, you may transfer your booking into another person’s name by calling or emailing Calmer Yoga Wellness at least one (1) week before the start of the retreat.
Gift Cards
Gift cards may be purchased online on our website http://www.calmer.yoga or by emailing or calling Calmer Yoga Wellness.
Our gift cards:
- can be used for yoga classes, events, or retreats at Calmer Yoga Wellness.
- are not refundable or redeemable for cash.
- are not transferable.
- are valid for three (3) years from date of issue without any ability to extend.
All purchases are final. Calmer accepts no responsibility if a card is lost, stolen, destroyed, or used without your permission.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to Calmer or we have a licence to use those materials.
All trademarks, brands and logos which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not licence you to use those marks in any way without our prior written permission.
Copyright
Unless otherwise indicated, all copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on our website is owned, controlled by, or licensed to Calmer. Except for viewing the content for your own personal non-commercial use, Calmer does not grant you any rights to use its website or content for any other purpose unless it expressly consents in writing. All registered or unregistered trademarks used on the Website are the property of their respective owners.
Limitation of Liability
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and services again or payment of the costs of having those goods and/or services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from products and/or services we have supplied.
Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy Policy
We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk. Although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our Privacy Policy which you can access via our website.
Customer Image Usage Agreement
1. Permission to Use Image
By agreeing to these Terms and Conditions, you grant Calmer the right to use your image (photo/video) in our promotional materials, including but not limited to social media posts, website, advertising, and other marketing materials. Your image may be used for promotional, educational, or informational purposes related to our business.
2. Duration
This permission is granted for an indefinite period unless you request otherwise in writing. You can contact us at any time to withdraw your consent.
3. No Compensation
By signing this agreement, you understand that no payment or compensation will be provided in exchange for the use of your image.
4. Your Rights
You may request the removal of your image from our promotional materials at any time by contacting us at [email address or phone number]. We will make every reasonable effort to accommodate your request within a timely manner.
5. Release of Liability
You release Calmer from any claims, liabilities, or damages arising out of the use of your image as specified in this agreement.
6. Contact Information
If you have any questions or concerns, please feel free to contact Lisa Hackett.
V1.03.04.24