These Terms apply to any request by you for goods or services from Kerryn Godfrey trading as Blue Water Yoga (us, our, we) and our provision of those goods or services.
Registering with us
We operate a website at www.bluewateryoga.com.au (Site), which is provided for your personal use only via standard web and mobile internet browsers.
You must create an account with our Site in order to book classes and other services. If you are under 18, you must have the permission of your parent or guardian to create an account and participate in the services.
You must keep your account password confidential and are entirely responsible if you do not maintain such confidentiality. You warrant that all information you provide in your account is accurate and up to date and you will promptly inform us of any changes.
The practice of yoga may involve strenuous physical movement and such activity carries the risk of injury, whether physical or mental, and is not recommended and is not safe under certain medical conditions.
By making a booking with us, you warrant that you have consulted your health care provider, obtained an appropriate medical clearance to perform the class and have assumed the responsibility to decide whether to practice yoga, understanding that participation is at your own risk.
As a strict condition of participation, you agree to the waiver which you signed separately prior to commencing your first class.
In addition to the acknowledgements above, where we provide personal practice classes designed for you and your personal circumstances (including current and past injuries), you acknowledge and agree:
- that such personal classes are not intended to be, nor are a substitute for, medical advice or diagnosis; and
- that access or use of your personal practice may cause harm to others; and
- not to share or distribute any recordings of the personal practice to any person.
You indemnify us against any claim or loss we may suffer as a result of your breach of these agreements
We may offer the purchase of classes on a ‘pay-as-you-go’ basis or under a pass that permits a certain number of classes or types of classes during a defined period (Pass).
Available Passes are described on the Site and will be subject to the terms and conditions specified on the Site or during the booking process.
Making a booking
You must pre-book your attendance at our classes using the online booking system available on the Site. This ensures everyone has a chance to practise.
Although a teacher may be allocated to a class, we reserve the right to employ a cover teacher if the scheduled teacher is unavailable for any reason.
Unless otherwise agreed, your payment of Fees is due on booking of a class, and prior to provision of any other goods or service. We do not provide credit.
We may change any advertised price at any time without notice. Fees will not change once a booking or order has been accepted by us.
If you cancel your booking
You may cancel a booking at any time prior to the commencement of the class time. All cancellations must be made using the online booking system available on the Site. Cancellations will not be accepted via any other means, including via email, phone or social media.
If you cancel a class greater than 2 hours prior to the class start time an amount equivalent to the fee you paid for the class will be credited to your account.
If you cancel a class within 2 hours prior to the class start time you must still pay us the fee for the class, which will be forfeited and not refunded to you.
Cancellation for workshops, courses and other special events requires at least 48 hours’ notice for a credit to be made available
We may cancel or reschedule classes
We may cancel or reschedule a class or the provision of another service at any time prior to the time for delivery, for any reason. We will endeavour to give you as much notice as possible of any cancellation.
Where we cancel or reschedule a class or other service you may request us to credit an amount equivalent to the fee you paid for the cancelled class to your account with us or refund that fee to you.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). If our goods or services are in breach of consumer guarantees, for a minor problem that can be fixed we will fix it and you may request a refund in the event of a major problem.
We do not offer refunds on services or products for change of mind, injury, illness or change of address.
General Conditions of Entry
Compliance with our policies is a condition of entry into our studio and participation in any service we provide. We will endeavour to let you know if these change, but please regularly familiarise yourself with our policies available on the Site and at the studio which may be updated from time to time. Our COVID-Safe Plan can be viewed here: https://www.bluewateryoga.com.au/wp-content/uploads/2020/09/COVID-Safe-Plan.pdf. Please note that as of 25/10/21, anyone attending in the studio must be fully vaccinated for COVID-19 and face masks are to be worn inside, unless you are actually on your mat.
We also reserve the right to refuse entry to, or eject you from our premises in the event that you are behaving in an anti-social, disorderly, aggressive, offensive or dangerous manner or in any manner which impacts the security of our students or other people at the studio.
We respect your privacy and only collect personal information you give us directly, including identifying information, transactional and financial information. We may also collect health information relating to your individual circumstances to allow us to tailor our classes to you.
We only use the information you give us for the purposes of delivery or improving our services, including to send you service, support and administrative messages and send you marketing and promotional messages. You may opt out of receiving direct marketing communications at any time. Our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth).
Although we take reasonable steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse, we cannot guarantee the security of your personal information.
We retain ownership of all intellectual property owned or licensed to us in the delivery of the services.
If you communicate with us, you grant to us a licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Site and developing your ideas and suggestions for improving goods or services we provide.
We accept liability for any implied contractual terms that cannot be excluded or limited under applicable law, including the ACL and (subject to the acknowledgement and waiver), any direct loss that is reasonably foreseeable from our material breach of these Terms, however provided it is fair and reasonable to do so we limit our liability to the resupply of the relevant class or the fees paid for that class (whichever is the lesser).
Other than as specifically accepted, and we are not liable for any other losses or damages you may suffer, including any loss caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that loss, loss caused by events falling outside our reasonable control, indirect or consequential losses (including loss of revenue, profits, enjoyment or loss of business), or losses you might suffer as a result of unauthorised access to information we hold.
You indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, or in connection with your acts or omissions or breach of these Terms, or use of goods or services supplied by us.
Changes to these Terms
We will notify you in writing of any changes to these Terms by e-mail, on Site or otherwise at the Studio.
We will not be liable for any delay or failure in the performance of any obligation or the exercise of any right under these Terms or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of an event beyond our reasonable control.
If a dispute arises under these Terms, the party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute and the parties will attempt to negotiate a resolution in good faith. If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of mediation will be shared by the parties equally.
If any portion of these Terms are deemed by a Court of competent jurisdiction to be invalid, then the remainder of these Terms shall remain in full force and effect and the offending provision or provisions severed
These Terms and the acknowledgement and waiver represent the entire agreement between the parties in relation to the services.
These Terms will be governed by the Laws of Victoria. Each party irrevocably submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in that jurisdiction.