Membership Terms and Conditions

Thien Tam – Yoga and Meditation Centre

MEMBERSHIP TERMS AND CONDITIONS

As of 29th November 2021

PART A

Definitions

  1. “Agreement” means this Membership Terms and Conditions, including the Release and Waiver of Liability, Rules and Responsibilities, and any recitals or annexures;
  2. “Centre”, “we”, “us” or “our” means Thien Tam – Yoga and Meditation Centre, its owner, management, staff and contractors.
  3. “Facilities” means the amenities, toilet, drinking water, storage, change rooms, and equipment.
  4. “Member” or “you” means the person entering into this Agreement.
  5. “Membership” means your Membership with the Centre, being the type specified in the terms and conditions.
  6. “Parent/Guardian” means the lawful parent or guardian of a person aged under 18 years.
  7. “Services” means classes (yoga or meditation).
  • General
    • The Centre reserve the right to refuse Membership or Services with any person at its sole discretion.
    • While at the Centre or close vicinity of the Centre, you agree to abide by the rules of conduct, behaviour, dress code and other conditions detailed in this agreement and/or displayed in the Centre.
    • This agreement takes affect from the date the agreement is signed and accepted by the Centre; for the duration of all visits into the Centre and subsequent Membership purchases; and applied to all Membership types.
    • Membership is valid from the date of purchase as opposed to the commencement of its use.
    • Member is required to provide a valid form of identification. A scan or photocopy of the identification may be kept on record. Or the identification details may be kept on record.
    • Member agrees to have their photo taken. The photo will be used for Membership records and other means of class registration.
    • Change of Membership type or term is not permitted.
    • All Membership types are non-refundable.
    • Member is entitled to complimentary meditation session held after allocated yoga classes.
    • Breach of agreement may result in termination of Membership without refund.
    • The Centre reserves the right to update any conditions and prices.
    • Food and/or alcohol must not be brought into the Centre at any time.
    • It is recommended that Member seek medical advice prior to commencing any class.
    • Member is to notify staff if they are pregnant or have any injuries, medical conditions or health conditions prior to the class.
    • Member must notify staff of any changes to their details to keep their records up to date.
  • Membership
    • Membership types and definitions:
      • Introductory Pass – Entitled to attend any classes within the validity of the pass, in this case 2 weeks. This is for new Members only. New Member is a person whom have not signed an agreement with the “Centre”. Introductory Pass cannot be purchased more than once.
      • Casual Pass – Entitled to attend one class only.
      • Monthly Unlimited Pass – Entitled to attend any classes during the validity of the pass.
      • Set Classes Pass – Entitled to attend any classes based on number of classes purchased within its validity.
      • Private Individual Pass – Entitled to a personal private class in accordance with number of classes purchased and within its validity.
      • Private Couples Pass – Entitled to attend private couples class as agreed between two people in accordance with number of classes purchased and within its validity.
      • Promotional Pass – From time to time, the “Centre” may run promotional campaigns. Terms are outlined in the promotion.
    • All Membership types are paid upfront.
    • A Membership card is issued to all new Members at the time of application submission, or issued in due course if the card cannot be provided during registration.
    • A $1.00 is replacement fee may apply to Members whom have lost or damaged their Membership card.
    • Validity / expiry dates may not be shown on the Membership card. If this is the case, details can be checked with staff.
    • Membership and Membership card cannot be transferred to another person and must be used by the person whom it is issued to.
    • Membership cannot be put on hold for any reason without medical certificate provided. Subject to conditions.
  • Facilities and Services
    • The Centre will do its best to provide you with quality Services.
    • The Centre may change, suspend or stop providing any Facilities and/or Services with or without notice. The Centre is not liable for any loss or disappointment suffered by Member as a result.
    • The Centre may be closed during maintenance, renovation and unforeseen closures.
    • The Centre is closed on public holidays.
    • Storage facility is available for Member to store personal belongings while using Services. No overnight or long-term storage is allowed. By using the storage facility, Member agree the Centre, management, staff and contractors are not liable for its loss or damage. Where applicable, any belongings left behind by the end of the day will be available at reception.
    • The Centre cannot guarantee the safekeeping and account for contents of the storage, and will not reimburse any cost related to the content.
  • Cancellations and Refunds
    • Cancellation and refunds are generally not permitted.
    • Gift cards cannot be refunded or exchanged.
  • Warranties and Guarantees
    • Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law. At no time are these statutory rights sought to be excluded.
    • You acknowledge and agree that class results vary from individual to individual. For this reason, the performance, progress and success of our Services is reliant on you and your requirements. We cannot and do not guarantee any particular or any results and you are solely responsible for your progress.
    • If any time during the Services you feel your progress is not as expected, it is your responsibility to advise us immediately of any concerns and give us an opportunity to address them. We will use reasonable efforts to address and resolve your concerns, however, at no time do we guarantee or warrant any performance or altered progress.
  • Sensitive Information and Privacy
    • The Centre only collect the Personal Information, including Contact and Personal Information, and Medical History (together ‘Sensitive Information’), we need in order to perform our Services.
    • We comply at all times with the Privacy Act 1988 (Cth) and the Health Records (Privacy and Access) Act 1997 which regulates how Sensitive Information is handled.
    • We keep your Sensitive Information secure and do not use it for any purposes unrelated to our Services. All our employees and any staff who may have access to your Sensitive Information are under a strict duty of confidentiality and privacy practices are adhered to.
    • We will not disclose your Sensitive Information without your consent or unless required to due to medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.
    • From time to time, we may use your Contact Information to provide you with information on our Services. You can unsubscribe at any time or advise us that you withdraw your consent to these specific uses and you will be removed from any contact or marketing lists.
    • You can access your Sensitive Information at any time by request. While you are using our Services you will notify us of any changes so the information is kept up to date.
    • We use a service provider to manage your profile and membership information. As a result, your information will be stored with the service provider. In this case, our service provider is Zen Planner, located in the United States of America. Please refer to Zen Planner for their privacy policy on how they store and manage your data as an ‘end user’.
      https://zenplanner.com/privacy-policy/
  • Security Surveillance
    • You acknowledge that the Centre uses CCTV surveillance and recording on the premise (except in toilets).
    • The surveillance system is only used for security purposes, however does not guarantee against harm.
  • Relationship and Ownership of IP
    • The Centre is engaged to provide you with the Services as agreed only. You will not use any of, and you acknowledge that we own all proprietary rights to, our brand, style, logo, name and all relevant copyrights, patents and other intellectual property. You agree that all work, product design, program ideas and images are exclusive to us and our business.
    • You must not use the relationship or our business, logo or any copyrighted materials resulting from the Services to promote you, your business or your work without our written permission. You also agree not to represent yourself as an affiliate or in any way affiliated with our brand, name or business in any manner without our permission.
    • In any event and to clarify, you agree that nothing in these terms gives you any interest or right to use or represent affiliation in any manner in any of our intellectual property or goodwill existing at any time or in any of the intellectual property or goodwill derived from the performance of the Services under this Agreement.
    • You agree that any pictures, audio, or visual recordings taken of you in the Centre or in an event outside of the Centre can be used for publication, promotions, articles, and advertisement without additional consent and without compensation at any time. You may request us to remove pictures, audio, or visual recordings of you and where applicable we will do so.
  • Risk, Limitation and Liability
    • The Centre is in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly with all or any part of the Services.
    • You shall indemnify and hold harmless the Centre and any of our representatives from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).
    • The liability of the Centre is governed solely by the Australian Consumer Law and this Agreement. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
    • You also agree to take over any action by any third party which is a direct or indirect result of any action or inaction by you or your representatives.
  • Complaints Handling and Disputes
    • Please submit any complaints via email to durga@thientam.com.au or in writing to Management. Please include your contact and all the details related to your complaint. The Centre will assess the complaint and respond within a reasonable timeframe.
    • If a dispute arises, both parties agree that confidentiality is paramount to maintaining both our reputations. At no time will any communications or discussions be made public, this includes but is not limited to any social media, forums, review sites or websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
    • In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
  • Governing Law
    • This Contract is governed by the laws from time to time in force in the State set out in the Schedule and both parties agree to unconditionally submit to the exclusive jurisdiction of their Courts for determining any dispute concerning this Contract

Thien Tam – Yoga and Meditation Centre

RELEASE AND WAIVER OF LIABILITY

As of 8th March 2020

PART B

You confirm that it is your responsibility to consult your doctor or medical professional before starting any new exercise program, diet or supplement regime.

You confirm that you are suitably fit and healthy to participate in an exercise program and that a doctor or medical professional has not advised you otherwise.

You confirm that you have brought to our attention any medical, physical, injury or other health issues that may determine the suitability of an exercise program for you.

You confirm that in the event you become aware of any medical, physical, injury or other health issues that may affect the suitability of your exercise program, you will inform us immediately.

You confirm that participation in an exercise program involves the risk of serious injury or even death, from various causes including overexertion, dehydration, equipment failure and accidents with equipment and surroundings.

You confirm that you accept all risks and any injury, loss or damage that may occur is solely your responsibility.

You hereby agree to irrevocably release and waive any claims you may have now or in the future against us.

You certify that you are at least 18 years of age or if you are under 18 years of age have provided us with the written permission of your parent or legal guardian.

This release and indemnity continues forever and binds your heirs, successors, executors, personal representatives and assigns.

Thien Tam – Yoga and Meditation Centre

RULES AND RESPONSIBILITIES

As of 8th March 2020

PART C

Appropriate clothing must be worn while in the Centre.

No shoes or footwear is to be worn in the Services area at any time. Shoes and footwear must be placed in the allotted area in the shoe rack.

No strong smelling perfume or fragrances to be used.

You must respect staff, other members and people in the Centre and within its vicinity.

You must uphold appropriate conduct while in the Centre and within its vicinity.

No loitering in the hallway or stairs.

Thien Tam – Yoga and Meditation Centre

Terms and Conditions of Membership Direct Debit

As of 5th January 2022

  • These terms and conditions are in addition to the direct debit service provider EziDebit’s DDR Service Agreement.
  • Membership Direct Debit payments are debited from your nominated credit card or bank account on a fortnightly basis from the date your membership begins.
  • Membership Direct Debit require a minimum of 6 contracted fortnightly payments (paid within a 3-month cycle).
  • A cancellation fee of $150 will be charged if memberships are terminated within the initial 3-month cycle
    (No cancellation fee is incurred if membership is terminated after contracted payments).
  • Membership Direct Debit contracts will automatically renew, and will continue until further notice from you.
  • Membership Direct Debit cancellations requires a minimum of 14 days prior notice.
  • Membership suspensions require 7 days’ notice. Within each 3-month pay cycle you can suspend your membership 1 time, minimum of 7 days notice and maximum of 28 days.
  • Cancellations and suspensions must be sent via email or in person (by completing suspension/termination form).
  • Membership Direct Debit will not be placed on suspension due to non-attendance.
  • If your membership payment is not successfully processed on the scheduled date of payment, a $9.90 dishonour fee is incurred. This fee is charged by EziDebit.

SUPPLEMENTAL

RELEASE AND WAIVER OF LIABILITY FOR COVID-19

As of 5th January 2022


You acknowledge that Thien Tam – Yoga and Meditation Centre has put in place preventative measures to reduce the spread of the Coronavirus/Covid-19.

You further acknowledge that Thien Tam – Yoga and Meditation Centre, its staff and owners cannot guarantee that you will not become infected with the Coronavirus/Covid-19. You understand the risk of being exposed or infected by the Coronavirus/Covid-19 may result from the actions of yourself and others, including, but not limited to staff, and other members and their families.

You attest that:

  • You have been double vaccinated for COVID-19.
  • You are not experiencing any symptoms of the Coronavirus/Covid-19. Symptoms may include, but not limited to: fever, coughing, sore throat, shortness of breath.
  • You have not travelled internationally within the past month.
  • You have not been in contact with a person suspected and/or confirmed case of Coronavirus/Covid-19.
    You have not been to an area/venue of a confirmed Coronavirus/Covid-19 case.
  • You have not been diagnosed with the Coronavirus/Covid-19.
  • You will not attend any classes or enter the premise if you fail any of the above conditions.
  • You are following the government’s recommended guidelines to limit your exposure to the Coronavirus/Covid-19. This may include, but not limited to, practice good hygiene, adhere to physical distancing, understand when and how to self isolate, get tested if you suspect you have been in contact with someone that may have the Coronavirus/Covid-19 and/or have any of its symptoms.

You hereby agree to irrevocably release and waive any actions, claims, demands, damages, costs, expenses and compensations, you may have now or in the future against Thien Tam – Yoga and Meditation Centre, its staff and owners.