Terms & Conditions
PLEASE READ OUR TERMS AND CONDITIONS THOROUGHLY
Please note- they are subject to change. You will be notified if so.
BOOKING AND FEES
We reserve the right to change our fees from time to time, and these changes will be notified on our Website. To book our Yoga Activities you must email us at amanda@flyingyogis.net.au.
PAYMENTS
Our Booking Fees are payable at the time of booking.
LATE FEES
Where any parents are more than 10 minutes late to pick up their children, and our staff need to remain in attendance, you will be charged a Late Fee.
OUR CANCELLATION
If we cancel your Yoga Activities due to our inadvertent errors, we will refund the Booking Fees and any pre-paid Fees.
HEALTH AND SAFETY/ INFECTIOUS DISEASES
There are risks associated with Yoga Activities. We will minimise these risks by complying with any current government recommendations.
CONDUCT RULES AND YOUR OBLIGATIONS
Your Yoga Activity participants are required to treat all persons and property with all due care and respect. We reserve the right to refuse entry to or remove you and/or any child for breaching our Conduct Rules (Set out in the document for Parents of Children), or we may leave the School at our discretion. No refunds will be provided if a Yoga Activity is cancelled early due to a breach of the Conduct Rules.
If you consider that someone is breaching any Conduct Rules, please notify our staff so that we can address the issue immediately.
AUSTRALIAN CONSUMER LAW
Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to: cancel your service contract with us and to a refund of the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from the Yoga Activities. 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 Yoga Activity; or
- the refund of the payment made.
In any case, our liability to you will not exceed the amount actually paid by you to us.
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, and any third-Yoga Activities 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 Booking Fees, 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 Yoga Activities agrees to pay their own costs.
GOVERNING LAW AND OTHER MATTERS
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, 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.
BOOKING AND FEES
We reserve the right to change our fees from time to time, and these changes will be notified on our Website. To book our Yoga Activities you must email us at amanda@flyingyogis.net.au.
PAYMENTS
Our Booking Fees are payable at the time of booking.
LATE FEES
Where any parents are more than 10 minutes late to pick up their children, and our staff need to remain in attendance, you will be charged a Late Fee.
CANCELLATION POLICY
Except as required by the Australian Consumer Law, no refunds are provided. We do not refund any Booking Fees. Where a booking is cancelled with less than 21 days’ notice, a Cancellation Fee will apply.
Cancellations between 24 hours up until 7:30am of the day of your camp booking will require a medical certificate and a roughly 6 month credit will be given upon consideration.
DATE TRANSFERS
We may consider any request to change the Booking Date with 21 days’ prior notice. Please notify us at info@flyingyogis.net.au. Any requests with less than 14 days prior notice will be deemed to be cancellations, and the full Fee will apply.
OUR CANCELLATION
If we cancel your Yoga Activities due to our inadvertent errors, we will refund the Booking Fees and any pre-paid Fees.
HEALTH AND SAFETY/ INFECTIOUS DISEASES
There are risks associated with Yoga Activities. We will minimise these risks by complying with any current government recommendations.
CONDUCT RULES AND YOUR OBLIGATIONS
Your Yoga Activity participants are required to treat all persons and property with all due care and respect. We reserve the right to refuse entry to or remove you and/or any child for breaching our Conduct Rules (Set out in the document for Parents of Children), or we may leave the School at our discretion. No refunds will be provided if a Yoga Activity is cancelled early due to a breach of the Conduct Rules.
If you consider that someone is breaching any Conduct Rules, please notify our staff so that we can address the issue immediately.
AUSTRALIAN CONSUMER LAW
Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to: cancel your service contract with us and to a refund of the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from the Yoga Activities. 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 Yoga Activity; or
- the refund of the payment made.
In any case, our liability to you will not exceed the amount actually paid by you to us.
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, and any third-Yoga Activities 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 Booking Fees, 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 Yoga Activities agrees to pay their own costs.
GOVERNING LAW AND OTHER MATTERS
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, 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.
BOOKING AND FEES
We reserve the right to change our fees from time to time, and these changes will be notified on our Website. To book our Yoga Activities you must email us at amanda@flyingyogis.net.au.
PAYMENTS
Our Booking Fees are payable at the time of booking.
CANCELLATION POLICY
Except as required by the Australian Consumer Law, no refunds are provided. We do not refund any Booking Fees. Where a booking is cancelled with less than 21 days’ notice, the deposit on the party will not be refundable. Cancellations more than 21 days will have 80% of deposit refunded. This covers booking/ bank fees and charges.
DATE TRANSFERS
We may consider any request to change the Booking Date with 21 days’ prior notice. Please notify us at amanda@flyingyogis.net.au. Any requests with less than 14 days prior notice will be deemed to be cancellations, and the full Fee will apply.
OUR CANCELLATION
If we cancel your Yoga Activities due to our inadvertent errors, we will refund the Booking Fees and any pre-paid Fees.
NUMBERS
We do not credit or refund any spots that have been missed at the Yoga Activities or any lesser numbers, due to flus, colds, covid test isolations, or for any reason. The teacher will count the participants and if there are more children than originally quoted and paid for, you will be charged extra per child.
HEALTH AND SAFETY/ INFECTIOUS DISEASES
There are risks associated with Yoga Activities. We will minimise these risks by complying with any current government recommendations.
CONDUCT RULES AND YOUR OBLIGATIONS
Your Yoga Activity participants are required to treat all persons and property with all due care and respect. We reserve the right to refuse entry to or remove you and/or any child for breaching our Conduct Rules (Set out in the document for Parents of Children), or we may leave the School at our discretion. No refunds will be provided if a Yoga Activity is cancelled early due to a breach of the Conduct Rules.
If you consider that someone is breaching any Conduct Rules, please notify our staff so that we can address the issue immediately.
AUSTRALIAN CONSUMER LAW
Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to: cancel your service contract with us and to a refund of the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from the Yoga Activities. 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 Yoga Activity; or
- the refund of the payment made.
In any case, our liability to you will not exceed the amount actually paid by you to us.
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, and any third-Yoga Activities 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 Booking Fees, 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 Yoga Activities agrees to pay their own costs.
GOVERNING LAW AND OTHER MATTERS
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, 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.
We Follow Fair Trading Guidelines
CANCELLATION POLICY
Except as required by the Australian Consumer Law, no refunds are provided. We do not refund any Booking Fees. Where a booking is cancelled with less than 21 days’ notice, the deposit on the party will not be refundable. Cancellations more than 21 days will have 80% of deposit refunded. This covers booking/ bank fees and charges.
SICKNESS POLICY
GENERAL: School HOliday Programs; Workshops; Trainings.
You must notify us from the day before up to 7:30am the day of the program that you are unwell. For future credit, you must supply a medical certificate confirming you are unable to attend the program.
For school holiday programs: you will be given roughly 6 months to use the credit.
For adult programs,
It’s encouraged you attend the next workshop.
We do not offer credit for classes missed within courses. You are able to replace the missed class with any class on our timetable within the timeframe of the course.
DATE TRANSFERS
We may consider any request to change the Booking Date with 21 days’ prior notice. Please notify us at amanda@flyingyogis.net.au. Any requests with less than 14 days prior notice will be deemed to be cancellations, and the full Fee will apply.
OUR CANCELLATION
If we cancel your Yoga Activities due to our inadvertent errors, we will refund the Booking Fees and any pre-paid Fees.
HEALTH AND SAFETY/ INFECTIOUS DISEASES
There are risks associated with Yoga Activities. We will minimise these risks by complying with any current government recommendations.
CONDUCT RULES AND YOUR OBLIGATIONS
Your Yoga Activity participants are required to treat all persons and property with all due care and respect. We reserve the right to refuse entry to or remove you and/or any child for breaching our Conduct Rules (Set out in the document for Parents of Children), or we may leave the School at our discretion. No refunds will be provided if a Yoga Activity is cancelled early due to a breach of the Conduct Rules.
If you consider that someone is breaching any Conduct Rules, please notify our staff so that we can address the issue immediately.
AUSTRALIAN CONSUMER LAW
Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to: cancel your service contract with us and to a refund of the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from the Yoga Activities. 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 Yoga Activity; or
- the refund of the payment made.
In any case, our liability to you will not exceed the amount actually paid by you to us.
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, and any third-Yoga Activities 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 Booking Fees, 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 Yoga Activities agrees to pay their own costs.
GOVERNING LAW AND OTHER MATTERS
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, 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.
WAIVER AND RELEASE – click link below for PDF
I acknowledge and agree that:
- I am the parent/ guardian of the child/children named in this form.
- I give my child/children permission to participate in the Yoga Activities.
- My child has no health problems or disabilities that would make participation in the Yoga Activities unwise.
- My child’s participation is voluntary and that I and my child knowingly assume all inherent risks during the Yoga Activities including, but not limited to any falls, injuries or accidents.
Flying Yogis Pty Ltd has endeavoured to maintain the safety of the Yoga Activities however, we require your co-operation by you agreeing with the following. I agree to:
- obey all guidelines and safety rules set by Flying Yogis Pty Ltd;
- respect the venue and equipment; and
- immediately discontinue participation in the Yoga Activities if at any time I believe conditions to be unsafe for my child/ children.
In case of emergency, I authorize Flying Yogis Pty Ltd to administer emergency first aid or CPR, secure emergency medical care or transport, and seek any medical attention as necessary. I agree to assume all costs of emergency medical care and transport.
In consideration of permission for me and my child to participate in the Yoga Activities, I, my child, and my Representatives [“Releasing Parties”] release Flying Yogis Pty Ltd from all Claims except in relation to gross negligence or omission. I also agree to indemnify Flying Yogis Pty Ltd from and against any all Loss and Damage arising out of or in connection with my or my child’s participation. This loss could include damage to the venue and/or equipment.
I permit Flying Yogis Pty Ltd to use my child’s first name, and any photos, videos and testimonials I provide to Flying Yogis Pty Ltd for marketing and information purposes, or publications, exhibitions and professional awards.
I am voluntarily signing this agreement and intend my signature to be a complete release of all liability.
Parent Name____________________________________________________
Signed _________________________________________________________
Date____________________________________________________________
Definitions:
“Claims” means all under statute, tort, contract or negligence, any demand, award or costs.
“Flying Yogis Pty Ltd” means Flying Yogis Pty Ltd [ABN 98604664897] and includes all its owners, directors, employees, volunteers, independent contractors.
“Loss and/or Damage” includes any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any personal injury, death, negligence, trespass, property damage and legal costs.
“Medical Condition” means any type of illness, disease, injury, condition, disability, disorder, physical deformity or mental illness.
“Representatives” means yourself, spouse, heirs, parents or guardians, personal representatives, and assigns.
“Yoga Activities” means the acro-yoga, yoga, mindfulness, meditation, and other activities.
PARENTS PLEASE READ AND SIGN BELOW – click the link below for PDF
Welcome to Flying Yogis Pty Ltd. We are delighted to have your child join us for Yoga Activities at school.
So that everyone has a safe and enjoyable experience, we ask you to read the attached and sign below in your capacity as parent or guardian as the child. Please also notify us now of any reason your child may require extra support, or if your child has a medical condition that may affect their participation or safety.
PHYSICAL TOUCH
You acknowledge and agree that our instructors may use tactile cueing and adjustment methods or make physical contact with your child for correction purposes in order to ensure that Yoga Activities are undertaken in accordance with Flying Yogis Pty Limited’s best practice. If you do not wish for this, please notify us immediately.
ILLNESS
If your child enters the class with a sniffle or cold, but without a negative covid test result, we have the right to have them sit away for the staff and children and wait for you to pick them up.
CONDUCT RULES
The following will not be tolerated: any anti-social, intoxicated, disorderly, aggressive, offensive, inappropriate, discriminatory or dangerous behaviour that may threaten the safety or security of children, staff, any other persons, or any infrastructure and equipment.
MEDICAL WARNING
Your child participating in the Yoga Activities may have implications on your child’s current Medical Conditions. If your child has Medical Conditions, we suggest that you consult with your child’s medical practitioner prior to starting the Yoga Activities, and that you are mindful of your child’s current health concerns and physical limitations.
If your child has any Medical Conditions including pre-existing injuries which may impact their ability to participate, or if they are ill you must notify the instructor prior to the class. Your child participating in the Yoga Activities with a Medical Condition is done entirely at your own risk. It is your sole responsibility not to let your child overexert themself.
Our instructors and staff are not medically trained and are not qualified to assess whether your child is in good physical condition and/or whether they can participate in the Yoga Activities without any detriment to their health, safety, comfort or Medical Conditions.
BEHAVIOUR
Please also let us know if your child has any behavioural issues. If there are tools to make your child feel at home and welcome, please share them. The less surprises we have- the better able we are to manage a child who finds new activities stressful or confronting.
Videos and photographs
I acknowledge and agree to respect the privacy of all participants by not taking photos or videos without permission.
I give permission for Flying Yogis to take photos and videos of my child.
YES, I GIVE PERMISSION/ NO, I DO NOT GIVE PERMISSION
[circle your selection]
I give permission for any photos and/or videos of my child to be used for Flying Yogis promotional purposes, including on social media.
YES, I GIVE PERMISSION/ NO, I DO NOT GIVE PERMISSION
[circle your selection]
Email Reminders
I give permission for Flying Yogis to send me an email newsletters and other emails from time to time as appropriate.
YES, I GIVE PERMISSION/ NO, I DO NOT GIVE PERMISSION/ I AM ALREADY SUBSCRIBED
[circle your selection]
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).
“Booking Fee” means the booking fee payable by you to reserve the Booking Date.
“Claims” mean any claim, under the statute, tort, contract or negligence, any demand, award or costs.
“Fees” mean payment due from you for the Yoga Activities.
“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.
“We, us, or our” means Flying Yogis Pty Ltd [ABN 98604664897] and includes any of our directors, officers, employees, agents, partners and contractors.
“Website and Services” means www.flyingyogis.net.u and everything available on this Website including, but not limited to, products and services.
“Yoga Activity” means the the acro-yoga, yoga, mindfulness, meditation, and other activities.