Yoga Terms & Conditions

Terms and Conditions 

Session/Classes: all our classes can be either group classes or 1:1 classes. We also provide in-person and online mediums. Our classes are Yoga classes - these can be for kids, aged, pre and post-natal, anxiety etc. These classes will also include breath work as deemed necessary and the pace of exercise can be set as needed.

Participant ("I")

Parent (if Participant under 18)

Inherent Risks

Whilst there are many benefits to the classes, like all physical activities these sessions involve some risks of injury that are inherent to the activity “inherent risks”. The inherent risks include:

• over straining during exercise;
• physical assists from teacher to student; and
• injury from postures/movements in yoga classes
   

I have read and understood that the sessions contain inherent risks. I understand the demands of sessions relative to my abilities (or that of my minor child), and I appreciate the types of injuries that may occur as a result of the sessions and their potential impact on my wellbeing and lifestyle (or that of my minor child). I confirm that my participation (or that of my minor child) is voluntary and that I (and my child) knowingly assume all inherent risks.  

Health and Safety Rules

Even Flow Lifestyle Medicine has endeavoured to maintain the safety of the Yoga classes in person, online other locations e.g., workplaces, schools etc, nutrition consults in person and online, health and wellbeing coaching in person and online, health workshops in person and online sessions by:

• Maintaining current First Aid and CPR certificate, and ensuring a first aid kit is on hand;
• Ensuring the room is well ventilated and light; 
• Having good quality equipment, and are regularly checked for fair wear and tear;
• Providing instruction and emphasising safe skill progression; and
• Having qualified yoga teachers.

However, we require your co-operation to maintain the safety of the Yoga classes in person, online other locations e.g., workplaces, schools etc, nutrition consults in person and online, health and wellbeing coaching in person and online, health workshops in person and online sessions by you agree to:

• Obey all safety rules;  
• Obey our instructions;
• Alert the staff to any dangerous behaviour of co-participants;
• Ensuring you wear the correct gear; and
• Respect any venue and equipment and do not willingly cause damage to any venue or piece of equipment.

We also require your co-operation in relation to health and safety. It is your duty to:

• Fill out our intake client form truthfully and accurately so we are fully aware of any injuries or concerns that require modification of exercises;
• Possess a sufficient level of skill and physical fitness for safe participation;
• Have no health problems that would make participation unwise;
• Inform staff if you feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation;
• Attempt only classes that you feel capable of performing safely; and
• Stop participating if you believe it’s unsafe.

In case of an emergency, you authorise us to

• Administer emergency first aid and/or CPR were deemed necessary;
• Secure emergency medical care or transportation where we decide it is necessary; and
• Seek any medical attention, treatment, surgery or administration of drugs by qualified and licensed medical personnel.

You further agree to assume all costs of emergency medical care and transportation.

Release and indemnity

In consideration of permission to participate in the sessions, you on behalf of yourself, your spouse, your heirs, your parents or guardians, personal representatives, and assigns [“Releasing Parties”] release us from all Claims. You also agree to indemnify Even Flow Lifestyle Medicine from and against any all Loss and/or Damage arising out of or in connection with your participation and any damage to third parties. The laws of WA, Australia govern this Release and the parties subject to the jurisdiction of the courts of WA and Australia. 

 

I have read this Agreement and understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury or loss.  I acknowledge that I am voluntarily signing this agreement and intend my signature to be a complete release of all liability.  

 

SIGNED _________________________________________________________________________

Definitions:  

Even Flow Lifestyle Medicine means Kylie Gillin t/as Even Flow Lifestyle Medicine [ABN 41730532394] and includes all its owners, sponsors, affiliates, employees, volunteers, independent contractors, equipment providers, agents, and facility or venue owners.

“Claims” means all claims, under the statute, tort, contract or negligence, any demand, award or costs.

“Loss and Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of enjoyment, personal injury, death, or negligence to the extent permitted by law, trespass, property damage and legal costs.

BOOKING TERMS AND CONDITIONS

By signing up to participate in our Classes, you agree to these Terms and Conditions and any other policies we publish or link to on our Website. These form an "Agreement" between you (“the Client”/ “you”/ “your”) and us, Even Flow Lifestyle Medicine [ABN 41730532394] (“we”/ “us”/ “our”). If you do not agree with any of these terms and conditions, please do not participate in our Classes.  

MEDICAL WARNING

Undertaking Yoga classes may have implications on your current Medical Conditions. You must consult with your medical practitioner prior to commencing the classes and ensure that you are mindful of your current health concerns and physical limitations.  

If you have any Medical Conditions including pre-existing injuries which may impact your ability to perform the exercises in our Class, or if you are pregnant or ill you must notify your instructor prior to commencing the Class.  Participating in any form of exercise with a Medical Condition is done entirely at your own risk.

It is your sole responsibility not to overexert yourself. Exercise at your own pace and stop immediately if you feel pain or discomfort. You should not continue exercise if your physical condition changes at any time.

By undertaking any exercise program including Classes and use of any equipment purchased from us, you acknowledge that you do so at your own risk and that we will not be liable for any Loss or Damage arising from or as a result of, or in connection with your undertaking of any such exercise program or following advice contained on our Website or given by us.

Our instructors and staff are not medically trained and are not qualified to assess whether you are in the good physical condition and/or whether you can engage in exercise without any detriment to your health, safety, comfort or Medical Conditions.  

BOOKING AND FEES

Our Class fees and Class timetables are displayed on our Website. We reserve the right to change our fees and schedules from time to time, and these changes will be notified on our Website.

To sign up to participate in our Classes, you must create an account with us. You must maintain the confidentiality of your password and login. You are solely responsible for all use of your login and password. You can make a Booking through our Website or at our studio in Mount Lawley. We do not accept cash and all payment must be made via credit card or direct transfers.

There are a set number of spaces in each Class. To attend a Class, you must reserve a space by making the full payment. Bookings can be made via the website, Kajabi booking, Punchpass booking or at studio.

PERSONAL INFORMATION

When you create an account, you agree to provide us with your personal information including but not limited to your name, age, medical or health conditions related information and any other information as required (“information”). You represent and warrant that:

• all information you provide is true, correct, current and up-to-date; and
• you will respond promptly to any of our requests for further information.

Your personal information collected by us will be dealt with in accordance with our Privacy Policy, a copy of which can be viewed on our website.

PAYMENTS

Our Class Fees are payable prior to the class and at the time of booking. Except as required by the Australian Consumer Law, no refunds are provided. If you wish to credit your Class Fee to a later class, please notify us at [email protected]. All credits for other classes are given at our sole discretion. We do not accept cash.

In case you have a gift card, you must note that it will expire 12 months from the date of purchase and cannot be extended beyond that.

CLASS WAITLISTS

You can register yourself on the Class waitlist If you are unable to book a spot because the Class is full. If your selected spot becomes available, we will notify you via Punchpass or email and automatically book you into the Class. Please ensure you check your email for your waitlist confirmation. 

If you are unable to attend the Class, please remove yourself from the waitlist prior to our confirmation. Once you have been automatically confirmed for a Class from the waitlist, our Cancellation Policy will apply, and a cancellation fee will apply if cancelled with less than 5 hours’ notice. 

CLASS SCHEDULES AND OPENING HOURS

Class schedules are subject to change or cancellation without prior notice. We are not liable in any way to provide you with a refund, credit, transfer or compensation of any kind for Classes that are not held in accordance with the Class schedule. 

We reserve the right to change our opening hours at any time, without prior notice to you. We will use our reasonable endeavours to notify you of any permanent or temporary changes to our opening hours.

MEMBERSHIP CLASSES

You can choose the number of classes from the ones given below: 

Drop-in Class (Single)

• This single class pass remains valid from the date of purchase.
• Passes are valid only for regular weekly classes, and cannot be used for attendance at workshops, courses, or events. They are not redeemable for cash.

5 Class Pass

• 5-Class passes remain valid from the date of purchase.
• Passes are valid only for regular weekly classes, and cannot be used for attendance at workshops, courses, or events. They are not redeemable for cash.

10 Class Pass

• 10-Class passes remain valid from the date of purchase.
• Passes are valid only for regular weekly classes, and cannot be used for attendance at workshops, courses, or events. They are not redeemable for cash. 

Private Session (Single)

• This single private session pass remains valid from the date of purchase.
• An Intake Assessment will be conducted at the beginning of the session, with a duration ranging from 15 minutes to 60 minutes.
• The typical session duration is between 45 minutes to 60 minutes.
• A typical session may include movement-based yoga postures, breathing techniques and neurophysiology information at the beginning and/or end of the session.

Private Session (Five Session Pass)

• This single private session pass remains valid from the date of purchase.
• An Intake Assessment will be conducted at the beginning of the session, with a duration ranging from 15 minutes to 60 minutes.
• The typical session duration is between 45 minutes to 60 minutes.
• A typical session may include movement-based yoga postures, breathing techniques and neurophysiology information at the beginning and/or end of the session.

CANCELLATION POLICY

Class bookings can be cancelled online by logging into your account and selecting the cancel option on the website or by using the Punchpass, Acuity Scheduling and Kajabi booking system.

You must notify your cancellation to us at least 5 hours prior to the commencement time of your Class to get a credit for a makeup class. Cancellations made with less than 5 hours’ notice will incur the full cost of the Class booked and no makeup class will be available. 

HEALTH AND SAFETY

There are risks associated with attending our classes. We have minimized these risks by complying with government recommendations. You acknowledge and agree that by participating in our classes there is a risk of catching an infectious disease, including COVID-19 and participating is done at your sole risk. 

CONDUCT RULES AND YOUR OBLIGATIONS

You are required to treat all persons and property at the Venue with all due care and respect. We reserve the right to refuse entry to or remove you from our Venue for breaching our Conduct Rules including any anti-social, intoxicated, disorderly, aggressive, offensive, inappropriate, discriminatory or dangerous behaviour that may threaten the safety or security of our Clients, staff, any other persons, including infrastructure and equipment.

If you consider that someone is breaching the Conduct Rules, please notify our staff so that we can address the issue immediately.

• Please arrive 5 minutes prior to your scheduled Class in order to minimise disruption during the Class. We reserve the right to re-allocate your spot to someone on the waitlist if you do not arrive on time for your Class, and you will not be eligible for a refund. 
• We strongly discourage you from departing the Class prior to the scheduled conclusion time as it is disruptive to the enjoyment of other participants.
• You are required to always wear appropriate attire for class and must refrain from wearing any that contains offensive prints or designs.
• Please bring along a water bottle.
• For the enjoyment of all participants please turn off your mobile phone before your Class unless you are required to due to personal reasons. e.g., you are a medical practitioner on call, in which case, please notify us.

PHYSICAL TOUCH

You acknowledge and agree that:  our instructors may use tactile cueing and adjustment methods or make physical contact with you for correction purposes in order to ensure that the class is undertaken in accordance with Even Flow Lifestyle Medicine's best practice. If you do not wish to be touched, please notify us prior to any Classes.

PREGNANCY AND OTHER CONDITIONS

In case you are pregnant you may continue to come for classes; however, you must only do so after you consult with a medical practitioner. We are not doctors, physicians or medical specialists and therefore cannot advice you on whether our Classes will be safe for you in your pregnancy. We do have Special Classes which are designed for women that are pregnant.

PERSONAL BELONGINGS

We do not assume any responsibility to safeguard your personal belongings that you bring to class.

As such, we strongly recommend that you:

• refrain from bringing any valuable personal belongings such as mobile phones, jewellery, personal devices, wallets, handbags and purses;
• only bring personal belongings that are absolutely necessary for you to possess for the duration of your visit; and
• store any personal belongings in the storage facilities provided for use for the duration of your visit.

AUSTRALIAN CONSUMER LAW

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. 

LIMITATION OF LIABILITY 
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your attendance at the Venue or online or Classes including, but not limited to, any theft, unauthorised access or third-party interference.

To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

• the supply of equivalent services e.g., another opportunity to book a Class; or
• the refund of the payment made for the Class.

In any case, our liability to you will not exceed the amount actually paid by you to us for the Class.

You acknowledge, agree and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in participating in our Classes, and any third-party claims.

TERMINATION AND REFUNDS

We may, at our sole discretion and without prejudice to any of our rights, immediately terminate this Agreement where you breach any term or condition of this Agreement. If you are in breach of this Agreement, you will not be entitled to any refunds including any refunds of any Class Packs, and any outstanding Fees become immediately due and payable.

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event. 

IF THERE IS A DISPUTE

You acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved by mutual agreement, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

GOVERNING LAW AND OTHER MATTERS

This Agreement is to be construed in accordance with the laws of WA, Australia, and you and we submit to the jurisdiction of the courts of WA, Australia. This is the entire Agreement between you and us and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our Website, these Terms and Conditions will prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement will survive termination of this Agreement.

DEFINITIONS

“Agreement” means these Terms and Conditions, our Website Terms of Use, Privacy Policy and any other policies we publish or link to on our Website.

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).  
“Claims” mean any claim, under the statute, tort, contract or negligence, any demand, award or costs. 
“Classes” mean the Yoga classes conducted in person at the Venue and online. 
“Fees” mean payment due from you for the Classes provided by us.  
"Force Majeure Event" means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.

“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of enjoyment, loss of opportunity, loss of reputation or goodwill, loss or corruption of information or data, personal injury, death, property damage and legal costs.

“Medical Condition” means any type of illness, disease, injury, condition, disability, disorder, physical deformity or mental illness.

“Special Classes” mean Classes specifically designed for women that are pregnant.

“Venue” means the physical location(s) where the Classes are held.

“We, us, or our” means Kylie Gillin t/as Even Flow Lifestyle Medicine [ABN 41730532394] and includes any of our directors, officers, employees, agents, partners and contractors.

“Website and Services” means pending completion and everything available on this Website including, but not limited to, products and services.