The Gems Of Yoga Company Terms and Conditions
INTERPRETATION AND VARIATION
1.1 In the Terms and Conditions the following definitions apply:
“The Company” means Gems Of Yoga.
“Client/Member” means any person that has signed a Registration/Consent Form, and/or paid for the courses/classes/services and/or taken one or more classes/courses at the Studio, and includes Members. any person who has signed up to classes or courses by online or in the studio via a registration form
“Class” means a Yoga/Meditation/Weekend Workshop/Prenatal Yoga class or course (or any other style of class made available on the timetable) provided on or behalf of The Company at the Studio
“Class Pass” means the Client is entitled to attend a number of classes purchased before the end of the expiry date of the pass.
“Consent Form” means the Registration/Consent Form form signed by a Client where appropriate.
“Studio” means the premises provided by The Company for the course/class as published on our website or ad-hoc premises from time to time.
“Terms and Conditions” as defined here.
“Website” means www.gemsofyogadubai,com or affiliated websites.
1.2 The Terms and Conditions are incorporated into the Consent Form and can be found on the website.
1.3 The Company reserves the right to vary or revoke any of the Terms and Conditions from time to time which it may consider necessary or suitable for the regulation of internal affairs of the Studio and the conduct of Clients/Members. Any such changes will be published on our websites and, until revoked, are binding on Clients.
1.4 The Terms and Conditions shall be governed by the laws of UAE and subject to the exclusive jurisdiction of the Dubai courts.
2.1 Subject to condition 2.2, when a person has signed a Consent Form or ticked the terms and conditions online they shall become a Client/Members subject to these Terms and Conditions.
2.2 Acceptance of a person as a Client is at the discretion of The Company.
2.3 The Company reserves the right to withdraw, suspend or refuse to renew the membership or class/course pass of any Client whose conduct is, or may deemed to be in The Company’s reasonable opinion, damaging to the character of the Studio or amounts to a breach of the Terms and Conditions or where such expulsion is otherwise to be in the interests of the other Clients of the Studio. Any Client so expelled shall forfeit all privileges to membership and purchase of any other courses or class passes/packages and shall not be entitled to any refund for any period during which his/her membership or class package is suspended.
2.4 The Company may run promotional introductory offers from time to time (directly or through an Agent). These offers are exclusively for New Clients/Current Clients who are not/are already registered (“Members/Clients”) with the Studio and may not be for repeat use. The current clients who have paid a higher price for the same service are not entitled to refund or any other forms of benefits.
STUDIO OPENING TIMES
3.1 Details of class times at the Studio may vary from time to time. Class times will be published by the Studio on our Website.
3.2 The Company reserves the right to make changes to the schedule at its sole discretion.
4.1 Details of course/class prices, class passes and memberships are available on our website and shall be subject to changes as determined by The Company from time to time.
4.2 Subject to any statutory right of cancellation, payments for courses and class passes made are non-refundable unless otherwise stated in the Terms and Conditions.
4.3 A Client may attend Classes according to the type of pass or membership.
4.4 Unless agreed by the Director of The Company, Courses/Class Passes are for use by the person named on the Pass/Receipt only and cannot be shared with, or transferred to, another person.
4.5 For Course/Class Passes the relevant start date in determining the expiry shall be the date of purchase of the Course/Class Pass.
5.1 Personal belongings are brought into the Studio premises, and may be left in the shoe racks, reception or studio area, at the Client’s own risk and The Company does not accept liabilities for any loss or damage whatsoever to such items.
5.2 Personal belongings that are unclaimed or left behind in the premises of the Studio, beyond a day will be discarded.
ONLINE BOOKINGS FOR CLASSES
6.1 Online bookings must be cancelled online up to 1 hour before the start of a class or this will be treated as a “late cancellation”. If you fail to turn up for the class booked, this will be treated as a “No Show”.
6.2 We do not accept telephone or email cancellations for online bookings. A Client may book, cancel or reschedule sessions for themselves via their personal online Studio booking facility or may book, cancel or reschedule sessions through whatsapp 050-1660914.
6.3 A Client who have booked online must sign in at the Studio reception at least 5 minutes before the class commencement time. Failure to do so may result in a ‘no show’.
6.4 A “Late Cancellation” or “No Show” will incur the following:
Class Pass Clients: Deduction of 1 class from the pass.
Drop In: Class would be charged and deemed attended.
6.5 To adjust / cancel a booking, Client must log into the online booking system and remove yourself from the class list at least 1 hour prior to the commencement of the Class.
EXTENSION / CANCELLATION / DEFERMENT
7.1 The Company reserves the right to cancel, extend or amend the Classes without notice.
7.2 Class Passes have expiry date from the date of purchase, as per the following:
Drop in : Same day as the booked date
4- Class Pass: 4 weeks from the date of purchase
8- Class Pass: 8 weeks from the date of purchase
12- Class Pass: 12 weeks from the date of purchase
7.3 Extension of the expiry date can only be applied for Clients with valid medical certificate and/or extended travel itinerary for work. The Company will request for such information before granting the extension. Extension is solely at the discretion of The Company.
7.4 Extension of expiry date of Class Pass will be at a flat rate of Dhs 50 nett. The extension will be for a duration of the same number of weeks the Class Pass is valid for, computed from the date of the end of the current Class Pass.
7.5 Clients who are deemed medically unfit are not allowed to attend any Class, as The Company staff are not medically trained to attend to any specific health issues. As such, these Clients are allowed to freeze their Class Pass account at the flat rate of Dhs 50 nett. The Class Pass will be
re-activated a week after they are deemed medically fit, and extended for a duration of the same number of weeks the Class Pass is valid for. In the event Clients who are deemed medically unfit and do not freeze their Class Pass Account, will have their Class Pass subjected to the same validity period as stipulated in 7.2
7.6 Payment of Dhs 50 will have to be made prior to extending or freezing the Class Pass.
7.7 Unused prepaid credits of the class packages are non-transferrable and non-refundable regardless of any circumstances.
7.8 For withdrawal of courses, a formal written notice through email to The Company must be given. The refund will be made within 30 days from the date of the notice based on the below criteria:
More than 30 days notice before the start of the course: 20% of the fees will be charged (80% refunded)
More than 14 days but less than 30 days notice before the start of the course: 50% of the fees will be charged (50% refunded)
Less than 14 days notice before the start of the course: 100% of the fees will be charged (no refund)
Clients/Members who would like to withdraw from the course after commencement and/or during the duration of the course, no refund would be given or entertained for any kind of reason. On other hand, members will be charged a fee of Dhs 500 if there is a request for deferment during the duration of the course. The notice for deferment should be given in form of an official email or mail with proof for deferment within 1 week of the decision to defer.
7.9 For postponement of course, members are required to give The Company at least 14 days written notice before the start of the course. The notice that is beyond the members control (such as posting to an overseas facility etc) should be accompanied with valid reasons and supporting documents. Awarding of deferment to clients is solely at the discretion of The Company.
More than 14 days notice: Dhs 200 deferment fee is payable to The Company
Less than 14 days notice: Dhs 500 deferment fee is payable to The Company
The deferment fee must be paid within 3 days from the date of the written notice. Members can defer the course only once and are required to complete the course within 1 year from the date of the notice. When a member has deferred from the course, no refund will be made should the member decide to withdraw from or are unable to attend the subsequent course.
7.10 For courses, clients/members who do not provide any form of official notification via email or mail (SMS, whatsapp not included), within 24 hours and subsequently do not turn up for courses that they have registered or partly attended, will not be provided a refund of any amount. However, if members who wish to continue/attend at another scheduled date for the same course in future, are required to pay an additional Dhs 1000 fee for the reinstatement. This notice for reinstatement should be sent via email or mail within 1 month of the member’s absence from the course.
7.11 For classes, members who come 10 min late after the scheduled time of the class may not be allowed into the class and this is considered a “No Show”. (Refer to 6.4)
USE OF FACILITIES
A Client is entitled to use the Studio’s facilities providing always that the Studio may at any time withdraw all or part of its facilities for any period or periods and with or without notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or The Company.
FITNESS AND HEALTH
9.1 Classes may involve intensive exercise in a room without air-con. Each Client/Member agrees to familiarize themselves with what Classes to involve prior to assessing whether they are fit to participate in a Class. Clients should refer to the Website or speak to the teacher for further information.
9.2 Each Client warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Client uses the Studios that the Client is in good physical and mental condition and that the Client knows of no medical or other condition why the Client is not capable of engaging in the Classes or exercises provided by The Company and that such Classes or exercises would not be detrimental to the Client’s health, safety or physical condition.
9.3 The Company staff are not medically trained and are therefore not qualified to assess whether the Client or any guest is in good physical condition and/or that the Client can engage in any exercise without detriment to the Client’s health, safety, comfort or physical condition.
9.4 Clients are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical and mental condition. The Comapny reserves the right to refuse access to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities.
9.5 If there is any doubt, the Client should consult his/her doctor. Clients and their guests must notify the Studio of any circumstances affecting their health that may be exacerbated through continued use of the Studio premises.
9.6 Clients are required to follow the instructions of the teacher at all times.
DRESS & FOOTWEAR
Clients are requested to wear a form of dress appropriate to the practice of Yoga/Pilates/Reiki/Sound Healing. Footwear should be removed on entry to the premises and left in the storage area provided in accordance with instructions.
SAFETY & HYGIENE
11.1 Smoking is not allowed anywhere on the premises.
11.2 No pets are permitted on the premise or grounds. Do not walk around the Studio, changing rooms or showers naked. Clients must use the appointed entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Clients must not interfere with these for any reason.
11.3 In the event of a fire, Clients are asked to make their way to the nearest available exit.
12.1 Clients must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Clients.
12.2 Clients are required to give written notice to The Company of any change of address or email.
12.3 The Company reserves the right to refuse admission to the Studio.
12.4 The Company may assign the benefit of the Consent Form and a Member’s membership to a third party at any time without notice to the Client.
12.5 A person who is not a party to the Consent Form has no rights under the Contracts to rely upon or enforce any terms of the Consent Form or use any of the facilities provided by The Company.
12.6 The Company may communicate with the Client by email. By providing an email address to The Company the Client consents to receiving email communications from The Company, including notices pursuant to the Terms and Conditions. The Client also accepts any risk that email may not be a fully secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Client in this manner.
12.7 Unauthorized video and voice recording without prior permission from the instructor/teacher during any course/class is strictly prohibited. Any use of the unauthorised video or voice recording for training purposes is disallowed.
LIMITATION OF LIABILITY
13.1 The Company cannot be held responsible for any service or equipment not being available for whatever reason. The Company reserves the right to make alterations to the types of facilities provided, without notice and in its absolute discretion and The Company shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.
13.2 It is the Client’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme/courses that they follow or class that they attend. Clients accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any programme or class.
13.3 The Company accepts no liability for loss or damage to property or injury or illness of Clients or their guests to them on the Studio premises or outside the Studio except in so far as such loss, damage, or injury is by law incapable of exclusion.
When using The Company website:
14.1 Members agree to seek The Company’s written permission if they would like to link to The Company’s website or copy the content in any way, shape or form. By supplying The Company with material via digital or hardcopy, members allow The Company unlimited, royalty free use of its content.
14.2 Members agree not to reproduce, distribute, modify or re-post The Company’s content on another site, frame or mirror the Website or link to The Company’s site without prior written consent.
14.3. Members grant to The Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use (including but not limited to publishing, exploiting and modifying) any material they email, post or submit to The Company. For the avoidance of doubt, The Company will be free to use any ideas, concepts, know-how, content, text or images contained in members’ communications with The Company for any purpose whatsoever, to the fullest extent permitted by law.The Company try to update the Website regularly, so the access, service or functionality may be suspended from time to time, without notice. If required,The Company may have to close the Website indefinitely.The Company will not be liable if, for any reason, the site is unavailable at any time or for any period of time. As information or data transmitted to or from the site passes over public telecommunications networks,The Company can’t promise that the operation of the site will be secure, confidential, uninterrupted or error-free. Members agree not to do anything that does or may interfere with the proper working of the site including but not limited to tampering with, or hacking into, the site or the servers on which it resides.
14.4. Members agree to thoroughly read and comply with our Terms and Conditions set out within. Anyone infringing on the aforementioned terms could be excluded from the use of The Company website.
15 TESTIMONIAL, PHOTOS, VIDEOS RELEASE
15.1 Members consent to and authorize The Company as regards the use of any photos, written testimonials or videos for marketing, commercial, educational and promotional purposes. Members will, at the time of the creation of such materials, inform the photographer/videographer if they do not wish to be featured. Members agree that The Company shall own all rights, titles and interests in this media and that The Company has the right to use the same without any compensation to the member. In the event that the member wish to have any media removed, and it is within The Company’s power to do so, the member shall inform The Company in writing and give them a period of one month to perform the same.