Terms, Conditions and General Guidelines
In order to feel fully comfortable with our classes, sessions, workshops and programs, it is important that you are aware of and agree to our guidelines, terms and conditions before starting your practice with us. Please read and agree to the terms and conditions below prior to making any bookings. If you have any concerns, we would be happy to discuss further.
TERMS & CONDITIONS
Omni Yoga & Mindfulness (ABN 72094227664) provides a range of services, both face-to-face (in person) and online. The following terms and conditions (‘conditions’) form the basis of the participant acknowledging that they have read and agree to the terms and conditions of service set out herein prior to registering as a participant in an activity, a session or a class. Omni Yoga & Mindfulness may change or update the terms and conditions at any time and we strongly recommend that you read all information relating to your intended activity and comprehend the location, duration, requirements and the booking terms prior to each time you agree to any purchase.
HEALTH AND SAFETY REQUIREMENTS
Omni Yoga & Mindfulness welcomes all ages from 12 years and over to participate in the activities. We require that all participants are reasonably healthy and fit and wear appropriate clothing, shoes and equipment.
Yoga and mindfulness can be physically and mentally demanding. You undertake activities, sessions, classes, services and events with us entirely at your own risk. In case of any health issues that may impact your practice, you should practise under the close supervision of a qualified and experienced medical practitioner. You are responsible for informing the leader of the activity, prior to the start of class, of any injuries, medical conditions or any other important information which we should know about.
We reserve the right to exclude any person from participating in our activities. This includes if at any time the activity leader concludes the participant does not meet the minimum health and fitness requirements and does not wear appropriate clothing or equipment to safely undertake the activity. Participants must not attend an activity under the influence of alcohol or drugs. Failure to disclose information about any illness, physical limitations or injuries exempts Omni Yoga & Mindfulness from any liability.
MEDICAL DISCLOSURE
By agreeing to these terms & conditions, you agree that you have disclosed to Omni Yoga & Mindfulness all medical conditions, medications, allergies, food intolerances, or injuries that may affect your ability to undertake activities with Omni Yoga & Mindfulness. You also agree that you know of no medical or other reason (other than as disclosed by you) why you cannot participate in active exercise. You further acknowledge that you have not been given advice from a medical professional that would be contravened by your attendance at an Omni Yoga & Mindfulness activity.
BOOKINGS
All bookings are made to Omni Yoga & Mindfulness and are processed in Australian dollars ($AUD) via our online booking systems and secure software. We use booking and payment software systems such as, but not excluding, TeamUp, Humanitix, Eventbrite, Stripe, PayPal, EFT, etc.
Failure to make the required full or partial payments at our request may result in your booking being cancelled.
All payments are inclusive of GST, merchant fees and booking fees, unless otherwise stated.
PARTICIPANT REGISTRATION
New participants will be required to register by completing a personal details and health questionnaire before attending a session, class or activity.
Participants may at times be required by the Victorian Government to abide to additional mandatory registration and to sign in upon arrival for services, activities, classes and events.
CLOTHING, EQUIPMENT AND CLASS ETIQUETTE
For yoga classes, wear comfortable, fitting clothes that allow for free movement and are suitable for the practice. Specifically for forest yoga classes, you must wear solid and closed outdoor shoes, such as running or hiking shoes. Participants with inappropriate shoes may be excluded from outdoor classes. You may also wish to wear gloves or a beanie to lean comfortably against trees, rocks and the ground.
For sound healing/therapy, mindfulness and meditation classes, any comfortable clothing that allow you to sit, lie down and breathe freely are suitable.
For all classes, it is recommended that you bring your own equipment, such as yoga mat, blanket, cushion, towel, bolster, eye pillow, water bottle, etc. Apart from certain specialist equipment, we are unable to provide the equipment and material necessary for most classes.
Participants are recommended to arrive 10-15 minutes before class. Please be considerate of other participants and the teacher/facilitator/activity leader by switching your phone on silent/off, and by not wearing strong scents or perfumes.
LOCATION OF SERVICES
Omni Yoga & Mindfulness offers its services and activities in various locations.
Some of the services are held in person on a private property in Barkers Creek, near Castlemaine, VIC, and it is important for us that you respect and protect the privacy of the residents. The exact address will be communicated to you after a successful booking. The address will be sent to you via email and/or text message.
PAYMENTS
Upon your purchase of any service, unless you notify us otherwise, you agree to all fees and all other charges relating to the total purchase being billed from the nominated payment method provided by you during the purchase process.
All invoices are due for payment within two weeks of reception, unless otherwise specified.
All deposits are non-refundable.
Payment plans for some purchases are available, and we’d be happy to discuss these options with you.
Our full Payment Plan Terms of Service are available here.
CANCELLATIONS AND NO-SHOWS BY THE PURCHASER
If your plans change and you cannot, or you fail to, attend an activity, a class, a session or an event for any reason after having purchased a ticket, no refunds are given. There will be no holds under any circumstances.
Session bookings can be cancelled within our cancellation cut-off times, which usually between 1-2 days (depending on the session). Your cancelled session is credited to your account (as a session, not in monetary value) and can be used for the same type of session at a later date, subject to availability of sessions. If there are no future dates available, all credits/monies/vouchers will generally be forfeited and any compensation will be made at our sole discretion.
In exceptional circumstances due to unforeseen events, the cancellation policy may be waived. Please cancel by contacting us using your booking email.
EVENT POSTPONEMENT
Any class that cannot be conducted for any reason will be postponed until the next most suitable day or season. Omni Yoga & Mindfulness reserves the right to postpone services, activities, sessions, classes and events at any given time including on the day of said activity. If we choose to postpone a service, activity, session, class or event, this is generally due to but not limited to: insufficient participants, extreme weather (severe winds/hail/severe rain/severe fire danger/lightning), declared Total Fire Ban days, staffing constraints, or Covid-19.
Our policy for postponed events is to:
Automatically move all participants to a new event date. The new date may be constrained by factors including but not limited to weather, booking availability, seasonal variations or requirements and staffing.
If the new date is not suitable to the participant, a credit for the full booking amount will be provided.
All credit is subject to our credit terms contained within.
Participants are not entitled to claim any form of refund or compensation from Omni Yoga & Mindfulness for cancellations. This includes but is not limited to own transport, fuel, loss of income or any additional expenses incurred.
Participants will be notified of an activity/session/class/event postponement via email, text and/or phone call.
EXCLUSIONS
The following items are excluded from all services, activities, sessions, classes and events:
· Personal insurance
· Transport to and from the event site or start location
· Additional activities unless stated as inclusive at time of booking
· We are closed on public holidays, unless otherwise stated.
FLEXIBILITY: OUTDOOR ACTIVITIES AND CLASSES
Purchasers acknowledge that the nature of the outdoor activities offered by Omni Yoga & Mindfulness may require considerable flexibility and should be prepared for changes. It should be understood that the planned activity may be subject to alteration without prior notice due to local circumstances.
Whilst Omni Yoga & Mindfulness endeavours to operate all services as described, we reserve the right to change any activity due to local circumstances outside of our control. When modifying an activity, we will endeavour to retain the original value offer and the grading of the activity.
ACCEPTANCE OF RISK
The participant further acknowledges and agrees that they have undertaken the activity freely, voluntarily and absolutely at their own risk and with a full appreciation of the nature and extent of all risks involved in the activity.
LOAN OF EQUIPMENT
These conditions govern the borrowing and/or use of any equipment, sound/music instruments, clothing or goods whatsoever (“Equipment”) by the participant from Omni Yoga & Mindfulness.
The participant acknowledges and agrees that no representations have been made by Omni Yoga & Mindfulness in relation to the suitability of the Equipment for the participants purposes.
The participant shall ensure that they, and anyone else who may use the Equipment, uses it safely, and as per the manufacturer’s instructions and with the necessary care, skill and diligence required to use the Equipment.
If the Equipment is lost, stolen or damaged, which Omni Yoga & Mindfulness shall determine in its sole discretion, then the participant shall pay any replacement or repair costs determined by us.
GIFT VOUCHERS / CREDIT
Vouchers include but are not limited to all gift card purchases, credit from postponed events, multiple activity offers and promotions.
Unless otherwise stated, vouchers and credit expire within 3, 6 or 12 months from the date of purchase, depending on the service or product.
Bookings can be made for future listed activities and events, however they must be within the aforesaid expiry period.
Vouchers are equivalent to the Australian currency as printed.
Vouchers are not refundable or exchangeable for cash and any unused balance at the expiry date will not be refunded.
Multiple vouchers may be used in a single transaction.
In the event that the value of the voucher(s) used in a single transaction does not cover the full cost of the goods or services purchased, the balance must be paid by the voucher holder.
Omni Yoga & Mindfulness shall not be responsible for any claims, demands, losses, costs, expenses or liability of any kind whatsoever suffered, arising from or in connection with loss or improper, or unintended use of vouchers.
Vouchers can be applied to existing bookings made with Omni Yoga & Mindfulness at our discretion.
Omni Yoga & Mindfulness reserves the right to vary/amend the terms & conditions associated with vouchers and their use. Omni Yoga & Mindfulness reserves the right to discontinue its vouchers or promotions at any time.
TRANSFER OF PLACE
You can transfer payment or attendance of an activity, class or event to another person at our sole discretion.
THIRD PARTY PROVIDERS
Some optional activities that form part of the main activity or service may be provided by an independent provider or company. In this instance, Omni Yoga & Mindfulness has contracted a third party company or qualified individual to provide specialist services. The contract for the provision of that activity will be between you and the activity provider. By participating in the activity, you also accept that any assistance given by the specialist leader in undertaking the activity does not render Omni Yoga & Mindfulness liable for them in any way.
FOOD HEALTH AND SAFETY
Omni Yoga & Mindfulness provides refreshments or meals during some of the longer activities. Although occupational health, safety and food handling best practices are followed by Omni Yoga & Mindfulness and its contractors, we cannot guarantee all traces of nuts, egg, dairy, gluten and other known allergens are fully removed. Omni Yoga & Mindfulness will not accept responsibility or liability for an adverse reaction to any food provided. Participants agree that food may not meet all hygiene standards and consume any foods at their own risk.
MINORS
Most Omni Yoga & Mindfulness activities have a minimum age limit of 12 years old or over to participate, unless otherwise stated. Some services, such as one-on-one sessions, have a minimum age limit of 18 years old. This is due to the skills, coordination and endurance required to generally undertake our activities, including some methods and techniques that are best suited to adult participants. Any person under the age of 18 must be accompanied by a responsible adult.
COMMUNICATIONS
The entire communication with us is electronic. Every time you send us an email or visit our website, booking system or social media pages, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to our newsletter or use our booking system, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and social media pages, and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
COVID-19
Our priority is to ensure the safety and wellbeing of our clients, partners and collaborators. However, we also want to continue providing you great experiences and to do this we have provided a Covid-19 Guarantee for all activities and bookings that are impacted by Covid-19. Our goal is to give you peace of mind if your booking cannot proceed due to Covid-19.
Our Covid-19 Guarantee is as follows:
All existing and new bookings will be secured with a 100% date transfer or credit if your activity does not proceed due to Covid-19 restrictions regulated by the Australian authorities.
Omni Yoga & Mindfulness will provide a credit if we reschedule any activity and you cannot attend the new date.
If you CHOOSE to not attend an activity, our standard terms and conditions will apply.
Refunds will only take place on the sole discretion of Omni Yoga & Mindfulness.
PRIVACY POLICY
We are committed to protecting your personal information in accordance with the Australian Privacy Principles in the Privacy Act. We respect your privacy and endeavour to keep your personal information completely confidential. We would only release personal information if we were required to by law.
Our Privacy Policy governs the manner in which Omni Yoga & Mindfulness uses, maintains and discloses information collected from users (“User”) of the www.omniym.com.au website, our social media sites (e.g. Facebook, Instagram, LinkedIn) and the booking platforms we use (e.g. TeamUp, Humanitix and Eventbrite). This privacy policy applies to the website and all services offered by Omni Yoga & Mindfulness and can be read in full here.
APPLICABLE LAW
By visiting our website, you agree that the laws of the Australian Government, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Omni Yoga & Mindfulness and you, or its business partners and associates.
DISCLAIMER OF WARRANTIES; LIMIT OF LIABILITY
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Omni Yoga & Mindfulness is required to ensure that the services it supplies to you are rendered with due care and skill, and are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier, and might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, Omni Yoga & Mindfulness is entitled to ask you to agree that these statutory guarantees do not apply to you. You are agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
The participant acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the supplier to be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law, waives all of their legal rights of action against and fully releases the supplier for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by the supplier.
The change to your rights, as set out in this document, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
In no case shall Omni Yoga & Mindfulness site, our directors, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
COPYRIGHT
Content published on our website, social media and booking platforms and in our marketing material (digital downloads, images, texts, graphics, logos, printouts etc.) is either the property of Omni Yoga & Mindfulness or is sourced from external content creators whose permission we have received to use them in our marketing material. All content included in our website and other marketing material is protected by international copyright laws.
MARKETING, PHOTOS AND VIDEOS
You must notify us in writing if you do not consent to images and videos being taken of you. If you do not notify us in writing, you consent to us using images and videos of you taken during the activities for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images and videos for publicity and promotional purposes.
FEEDBACK AND COMPLAINTS
Your feedback is welcome and important in helping us to resolve our participants’ concerns with all aspects of Omni Yoga & Mindfulness and the services activities and activities it provides.
If you have any constructive feedback or a complaint we encourage you to inform us via email. We will use its best endeavours to respond to your feedback promptly.
CONTACT US
If you have any questions about these terms & conditions, our practices, pricing and payments, or any other dealings with our staff, please contact us at: