Terms and Conditions

UPDATED: OCTOBER 26 ADDITIONAL TERMS AND CONDITIONS:

PLEASE NOTE THE FOLLOWING UPDATED COVID TRADING TERMS:

AS OF OCTOBER 30, 2021

All students are expected to follow Covid-safe measures as currently directed by the Victorian Government
• All students must check-in using the QR code displayed at the studio and wear a mask while on the premises when not practising
• Proof of Vaccination must be presented to enter and practice in the studio (Online / on-demand Options are now available for remote practice)
• Only 1 Bikram 90 min per student per day. Students with double booking will lose their spot in both classes for that day.
• Late Cancellation Fees will be enforced – see below
• The studio door will be open 15 min prior to each class and all students are expected to leave the premises 15 min after the end of each class.
• Students are encouraged to walk in and out of studio as quickly as possible.
• Only 1 Bikram 90 min per student per day. Students with double booking will lose their spot in both classes for that day.
• If there is a waiting list for a class, we expect everyone to respect the cancellation policy.
• We do not appreciate inappropriate comments or abuse if you fail to cancel your class and take away the chance of others practising instead.
• Bikram 90 min is strictly for experienced students. In our studio, all new students must start with introductory Bikram 60 to become familiar with the heat and the asanas. Our system works and we like to stick to it. Should new students book a Bikram 90 their booking will be cancelled and their pass will be saved for other classes.
• THERE WILL BE NO REFUND under any circumstance.
• Students are expected to always respect the management. We have endured much difficulty to keep our doors open and provide you with the best teaching service, so we have zero tolerance for threat, bulling behaviour and compulsion of any sort. Offensive behaviour will not be taken lightly.
• BYGW reserve the right to refuse entry without the necessity to provide a reason or explanation of any sort.
• BYGW reserve the right to collect unpaid classes from the student’s account without notice and follow up declined payment through debt collection agency. Students are liable for the fees and additional collection cost.
• All students are expected to get themselves familiar with our T&Cs for the best experience and avoidance of misunderstanding.
• All current passes are extended to cover all the lockdowns so far without exception. however, there will be no further suspension allowed for the current packages after Oct 30th 2021.

ONLINE LIVE-STREAMED CLASS BOOKING LINK AND INSTRUCTIONS:

Live-Streamed Classes with less than 5 attendees will be subject to cancellation:
We may ask you to turn on video at the start of the class to verify ID and for security purposes. You then can turn your camera off if you wish.
Please download zoom from https://zoom.us and create a free account with the SAME email address and name you registered with for this class.
Make sure to test you can access ahead of the scheduled class and
email info@bikramyogagw.com.au or send an SMS to 0419352191 if you are having issues connecting
Use the following link to join the class 5-10mins before start time:

Zoom Meeting Details:
https://zoom.us/j/7375549289?pwd=ZFJvYUcyelFkM1FCeFdsaTEremJQdz09
Meeting ID: 737 554 9289
Password: 114426

CURRENT BOOKINGS, WAITLISTS & CANCELLATION POLICIES

CANCELLATIONS – IMPORTANT

We need to ensure all students can fairly have the opportunity to practice at the school with the reduced class numbers we need to adhere to
• If you cannot attend a pre-booked class, please cancel early and give your spot to another student
• Cancellations must be made via MindBody, the Online booking system.
• We do not have a regularly staffed school and cannot accept email, SMS or phone calls for booking cancellations.
Classes can be cancelled by logging in here:
https://clients.mindbodyonline.com/LoginLaunch?studioid=36980
Forgot your password? > https://clients.mindbodyonline.com/PasswordReset/

CANCELLATION WINDOWS
• Morning Classes (Eg. Scheduled for 6am to 11.59am) > 12 hours before scheduled start time
• Afternoon/Evening Classes (eg. Scheduled for 12pm to 8pm) > 4 hours before scheduled start time
• Online Virtual Classes > 4 hours before scheduled start time
• Casual Students and passholders who book a class and do not show up or fail to cancel during the early cancellation window will be charged a full casual rate ($30).
• Existing memberships and direct debit members will be charged $15.00

BOOKINGS

Bookings are on a first come, first served basis.
• For contact tracing purposes and until further notice, all classes must be booked online prior to coming to the school
• We will endeavour to provide as many classes as we can however ask for your understanding in the current environment
• The maximum number of students per room will be determined using the latest DHHS guidelines and calculations – Eg. the lesser of: maximum patrons per space or person per sq metre
• Bikram Yoga Glen Waverley reserves the right to change, cancel or modify classes and class numbers due to changing of COVID restrictions or student demand for particular timeslots. Always check our website for the latest timetable.

WAITLISTS

If a preferred timeslot has maximum capacity booked, you will be placed on a waitlist (5 wait-listed spots per class are available)
• If an opening becomes available during the standard booking window for that timeslot, you will automatically be placed into the class and notified by email

BE COVID-SAFE – WHAT YOU MUST CONTINUE TO DO

Please do not attend the school if experiencing any symptoms of COVID19 including but not limited to a runny nose, cough, fever, sore throat or shortness of breath.
• Please do not attend the school if you have been in contact with a known or suspected case.
• Please do not attend the school unannounced or attempt to visit without a pre-booked class.
• Upon entering the school please use the hand sanitizer provided.
• ALL STUDENTS MUST BRING THEIR OWN MAT – We will be selling a limited number of mats (pre-loved and new) but cannot hire mats at this time.

INTERPRETATION AND VARIATION

In the Terms and Conditions the following definitions apply:
BYGW means Bikram Yoga Glen Waverley
“Member” means any person that has completed and submitted the Registration Form either in person at BYGW , or online at www.bygw.com.au and which registration has been accepted by the studio.
“Studio” means Bikram Yoga Glen Waverley studio in Glen Waverley, 263 Springvale Rd,
“Yoga Nation” & “Online Video Platform” means The App and online classes provided by BYGW, either live or pre-recorded
“Terms and Conditions” means these terms and conditions.
The Terms and Conditions are incorporated into the Registration Form.
BYGW reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members. Any such changes will be notified to Members and, until revoked, are and will be binding on Members.
The Terms and Conditions are in accordance to Australian Consumer Law.

2.MEMBERSHIP

2.1 Subject to condition 2.2, when a person has completed the Registration Form he/she/they will become a Member of the Studio.
2.2 Acceptance of a person as a Member is at the absolute discretion of BYGW management.
2.3 BYGW reserves the right to expel from the Studio, or Online Class, or access to pre-recorded sessions, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the BYGW’s reasonable opinion, be injurious to the character of the Studio or BYGW or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio or BYGW and will not be entitled to any refund for any period during which his/her/their membership is suspended.
2.4 If a Member brings a guest to the Studio or provides access to BYGW, Yoga Nation or Online Video Platform material, either live, pre-recorded, a guest must, before the commencement of the relevant session, become a Member in accordance with and subject to the Terms and Conditions.
2.5 On joining the Studio or BYGW you will be added into BYGW system. Each time you visit the Studio you must check in at the reception.
2.6 If any payment whatsoever under the contract remains outstanding beyond the due date BYGW may add to the outstanding sum to be collected the reasonable and necessary costs incurred BYGW in employing a third party to collect the outstanding sum.
2.7 Membership is non-transferable or sharable unless is stated in the T&Cs of the pricing package.
2.8 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions. If a refund is approved at the manager’s discretion an admin fee of $30 will be applied.
2.9 A member can only cancel or freeze a series of classes due to disabling medical reasons or an evitable change of circumstances this may only be applied to a series of classes once. Conclusive documentation from a recognised medical professional and written notice of termination must be provided by the member at the time of diagnosis. In the case of cancellation there will be an administration fee of $30 applied to any refunds.

3.STUDIO OPENING TIMES & Classes

3.1 Details of session times at the Studio may vary from time to time. Session times can be accessed through our website www.bygw.com.au or Mindbody App.
3.2 The Studio and BYGW reserves the right to make changes to the schedule at their discretion.
3.3 The Studio and BYGW reserves the right to vary, adapt or amend the classes offered at the Studio at its sole discretion.

4.PAYMENT TERMS

4.1 Details of class prices and gift certificate prices are available either at www.bygw.com.au or directly from the Studio and will be such prices as determined by BYGW from time to time.
4.2 A Member may not attend any session at the studio without first booking and or paying for the relevant session.
4.3 Subject to any statutory right of cancellation payments for classes, class cards, memberships, retail and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. If a package is bought and only part used there will be no refund available for the remaining sessions.
In the exceptional case that a refund is given this will be calculated by charging for the number of classes used and not the value of the package purchased. This will be at the manager’s discretion who will consider refund requests in writing.

5.MONTHLY (AUTOPAY) SUBSCRIPTIONS & Direct Debit (DD)

5.1 The provisions of this condition 5 shall only apply to a Member that applies for a monthly subscription membership by monthly Auto-Pay, direct debit, standing order or debit or credit card (“Subscription”).
5.2 Any Member who purchases classes by Subscription shall be entitled to participate in the specific number of classes at the Studio as indicated in their contract until their Subscription terminates and any such Member will forfeit their membership if they fall behind in payment for more than 30 days. Such Member shall remain liable for any outstanding payments.
5.3 Any Member who purchases classes by Subscription may, at the discretion of BYGW, suspend their membership for a combined total period of 4 weeks (at a minimum of two weeks at any time) in any 12-month period. An administration fee of $30 per month may be payable by way of reduced monthly subscription or as otherwise indicated by BYGW for the period of suspension over 4 weeks.
5.4 Subscription fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Member uses the Studio or BYGW facilities.
5.5 Subscription fees may be increased at the discretion of BYGW. Members shall be given at least 10 working days’ notice of any increase in Subscription fees by means of signs displayed in the studio, or on BYGW website or via email newsletters.
5.6 Any Member who purchases classes by Subscription agrees that they cannot cancel their Subscription before the expiry of the minimum period from the date of their initial payment (“Minimum Subscription Period”)
5.7 Subject to condition 5.7 and any right of BYGW to cancel or suspend the Subscription, the Subscription will continue indefinitely unless, and until a Member cancels their Monthly Subscription by written request to BYGW membership@bikramyogagw.com.au, giving one clear calendar month’s and 1 cycle notice of the desired cancellation date where necessary. No refunds shall be given to Members in respect of any Subscription fees that have been paid.
5.8 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) then the Member is liable in full for any outstanding Subscriptions in respect of the Minimum Subscription Period.
5.9 Members agree and acknowledge that by agreeing to the Minimum Subscription Period, they are being given preferential rates by BYGW and therefore it is fair and reasonable that the Member is liable for any payments referred to above.
5.10 It is the responsibility of the Member to cancel any direct debit or standing order with his/her bank on termination of his/her Subscription. BYGW cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit or standing order.
5.11 Members who do not accept any change proposed by BYGW to Subscription fees may cancel their Subscription by giving notice in accordance with condition 5.8. The Member giving notice must continue to pay subscriptions at the rate current immediately prior to any proposed increase until the end of such notice period (or in the case of a Member whose Minimum Subscription Period has not ended, until the end of such period).
5.12 If the Subscription is paid by debit or credit card (or any Subscription fees remain outstanding beyond the due date) the Member unconditionally and irrevocably authorises BYGW to debit any credit or debit card provided by the Member with the monthly Subscription fee (or any outstanding fees) without notice to the Member.

6.BOOKINGS AND CANCELLATIONS

6.1 A Member may only book or reschedule sessions for themselves directly via the Studio, or via BYGW booking facility at www.bygw.com.au
Members will be charged for a session where cancellation or the rescheduling of a session is not made online or notice of the same is not delivered personally to the Studio and received in person by a Studio worker at least 2 hours prior to the booked time.
6.2 Sessions are booked on a first-come first-served basis. A Member may use the waiting list facility at www.bygw.com.au in the event that his first choice session is unavailable. If a Member joins the waiting list for a particular session and then books that session his booking will be subject to the Terms and Conditions Booking and Cancellations Policy in the usual way.
6.3 If a Member is unable to attend a class his cancellation will be accepted up to 2 hours before its start time.
6.4 Cancellations must be made online using the website www.bygw.com.au. BYGW is unable to accept telephone and email cancellations.
6.5 ‘Late’ cancellations i.e. those made within 2 hours of the class start time, will be classed as a ‘no show’ and incur the following:
– Membership Students: 3 or more late cancels/no shows on the Member’s account in one month will result in the suspension of the Member’s class-booking privileges for one month starting from the date of the 3rd no show.
– Class Pass Students (including autopay): Will result in the deduction of the class from the pass.
– Intro Offer Students: 3 late cancels/no shows will result in the termination of the Introductory Offer Pass.
6.6 All Members are required to sign in to their booked class at reception in the Studio at least 5 minutes before its start time. Failure to do this will be treated as a ‘no show’ and the booked space may be given to someone else.
6.7 Any available spaces will be allocated within the last 5 minutes before the class starts. Priority will be given to Members on the waitlist, and then remaining spaces will be allocated on a first come, first served basis.
6.8 The Booking and Cancellation Policy applies to all Members.
6.9.1 In order for private sessions to be booked in, BYGW requires a filled registration form for each client so their records can be stored on BYGW system. If the client has not given BYGW the minimum 48 hours written cancellation notice BYGW will invoice the client (private group) the full agreed price for the session.
6.9.2 Private classes bought in blocks/bulk with a discount applied will expire within 3 months of purchase unless otherwise agreed. Any cancellations outside the 48 hour cancellation window will incur full charge for the class or a session deducted from the bulk block bought.
6.9.3 Private sessions held in a client’s home or outside the Studio must not be arranged directly with the teacher, but through the studio management only. These sessions are the responsibility of the client. The client hereby agrees to provide the required heating requirements, and any mats and props required to conduct a safe class. The client agrees to provide a room that is clean and safe to practise the yoga that BYGW teaches and hereby takes all responsibility and liability to holding these sessions in the suggested room.

BYGW JOINT MEMBERSHIP

To enrol in the Buddy Membership to be used by 2 students, you are in agreement that:

6.10.1 You will be sharing the price package with one person only for the duration of the package.
6.10.2 You can use the membership together until the package runs out of credit.
6.10.3 Both participants always have access to all passes.
6.10.4 BYGW is not responsible to keep the record of the attendance by each parties and/or split the packages due to dispute between the participants. In case of account investigation, an admin fee of $30 will be applied.

7.FITNESS AND HEALTH

7.1 Members are advised not to undertake the yoga or other activities offered at the Studio without first seeking medical advice if they have concerns over their physical condition. The Studio and BYGW reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities or the participation in such classes.
7.2 Members with any health condition, injury or pain, such as but not limited to low/high blood pressure and/or cardiac irregularities, detached retina, HIV, who are very overweight or underweight, or who are pregnant, who have had recent surgery, or an injury of any kind, pain, disease or any other medical condition should not attend class until they have written permission from their doctor. If there is any doubt, the Member should consult their doctor. Members must notify the Studio or BYGW of any circumstances affecting their health, which may be exacerbated through use of the Studio or BYGW.
7.3 Members are required to follow the instructions of the instructor at all times. The instructor’s instruction does not override the members own comfort, common sense, or body’s signals and the member should ensure that they are always comfortable and not proceeding with any position or practise that makes them uncomfortable or causes pain or discomfort. The member always undertakes responsibility for their own safety and comfort and can decline to do anything they do not find comfortable. If the Member performs their own poses or moves without them being suggested by the Instructor, the Member accepts full responsibility for any injuries sustained in those movements or poses and waives any claim against the Studio, BYGW or the Instructors.

8.LIMITATION OF LIABILITY

8.1 BYGW cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. BYGW reserves the right to make alterations to the sessions, instructors, class timetables, class format and duration, as well as to those ancillary facilities (e.g. showers), provided to Members, without notice and in its absolute discretion and BYGW will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
8.2 It is the Member’s responsibility to ensure that he is capable of undergoing the routine of exercises or postures provided by any programme which he follows or class which he attends. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any session.
8.3 BYGW accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.
8.4 BYGW does limit its liability for death or personal injury caused by the negligence of the studio, its staff or agents, but otherwise excludes all liability to members.

9.USE OF FACILITIES

9.1 A Member is entitled to use the Studio’s facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or BYGW.
9.2 Children under the age of 18 may only use the Studio or BYGW and attend classes if accompanied by an adult or with prior arrangement with the management.
9.3 Children over the age of seven may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.

10.PERSONAL BELONGINGS

10.1 Personal belongings are brought onto the Studio premises at the Member’s own risk and BYGW does not accept liability for any loss or damage whatsoever to such items.
10.2 Wallets, Mobile phones and bags are not permitted in the practise rooms. If the students don’t feel secure leaving them in the designated cubicles, they are advised to leave them in their cars or refrain from bringing them in.

11.DRESS CODE

11.1 Members are requested to wear a form of attire appropriate to the practice of particular class. We recommend that Members wear stretch pants or shorts and a T-shirt or sports top. Underwear, see-through tops or clothing which goes transparent when wet will not be allowed. Avoid wearing knee covering pants and long sleeve top in the hot room.
11.2 Members should attend sessions barefoot. Footwear should be removed before entry to the studio.
11.3 Members should use a yoga mat in all classes and in the hot yoga class a yoga mat need be covered with a towel or yoga sheet to practise. Mats are available from reception for a hire charge or may be purchased if required. Towels are also available to hire. BYGW accepts no responsibility for the condition or the availability of the provided mats or towels.

12.SAFETY & HYGIENE

12.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms, yoga rooms or common area of the studio. Only water is permitted in the yoga rooms. No drinks other than ones provided by the studio are allowed in the Studio. No drinks with any colour are permitted. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds.
12.2 Members must not walk around the Studio barefoot if they have wart, cut or similar foot complaints. In such cases, yoga socks, a bandage or similar covering must be worn.
12.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.
12.4 Smoking is forbidden in the Studio.
12.5 Attendance at the class is always subject to the Studio operating at a safe capacity. Entry to class is on a first come, first served basis.
12.6 Classes start on time and the studio door will be shut at the scheduled time “sharp”. No late comers are allowed in the class after the scheduled class time. The late comers will be charged a cancellation fee and will not be refunded for the lost pass or class fee. Studio & BYGW are not responsible to follow each and every student to ensure their attendance and wait for their arrival.

13.MEDICAL DISCLAIMER

By registering for membership to the Studio and/or Online classes I acknowledge that I am accepting the following:

13.1 That I am participating in the Yoga classes or any other exercise programmes offered by BIKRAM YOGA GLEN WAVERLEY, THE BYGW TEACHERS, Suzyanah Hashemi, BYGW CLASSES, Online Video Platform, Yoga Nation OR ANY ASSOCIATED COMPANY during which I will receive information and instruction about yoga, physical exercise or health. I recognize that exercise requires physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.
13.2 I understand that it is my responsibility to consult a physician prior to and regarding my participation in the yoga classes, health programs or workshops offered by BIKRAM YOGA GLEN WAVERLEY, THE BYGW TEACHERS, Suzyanah Hashemi, BYGW CLASSES, Online Video Platform, and Yoga Nation. I represent and warrant that I am physically fit and I have no medical condition, which would prevent my full participation in these yoga classes, health programmes or workshops. If I have any medical condition whatsoever, I will obtain written permission from my specialist that I am fit and have permission to undertake strenuous yoga either in a heated studio, or online with limited interaction with the instructor. If I am pregnant, I understand that I participate fully at my own risk and that of my unborn child/children.
13.3 In consideration of being permitted to participate in the yoga classes, health programmes or workshops, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the programmes offered by BIKRAM YOGA GLEN WAVERLEY, THE BYGW TEACHERS, Suzyanah Hashemi, BYGW CLASSES, Online Video Platform, Yoga Nation.
13.4 In further consideration of being permitted to participate in the yoga classes, health programmes or workshops, I knowingly, voluntarily and expressly waive any claim I may have against BIKRAM YOGA GLEN WAVERLEY, THE BYGW TEACHERS, Suzyanah Hashemi, BYGW CLASSES, Online Video Platform, Yoga Nation OR ANY ASSOICATED COMPANIES for injury or damages that I may sustain as a result of participating in these programmes.
13.5 I understand that from time to time during yoga classes, the instructor may physically adjust students’ form and posture. If I do not want such physical adjustments, I will so inform the instructor at each class I attend. I also acknowledge that if I do wish to receive such adjustments, it is my responsibility to inform the instructor when an adjustment has gone as far as I desire at that time.
13.6 I understand that BYGW online yoga classes either have limited interactions with the Instructor (live-streamed classes,) or no interaction (On – Demand classes) and that the instructor can not be held responsible for anything I might do, or any injury I might sustain while I am following instructions through a device or class streaming platform. It is my sole responsibility to ensure that practising yoga is not contraindicated for any condition I might have. It is my sole responsibility to ascertain if practising yoga without any direct interaction from the Instructor would be suitable for my safety and wellbeing and obtain permission from my doctor to do so.
13.7 I understand that I am in charge of my own yoga practise, can sit out poses if I need to, and that if I am injured, I will tell the teacher and work with them to find suitable modifications, I am free to take a break when I find it uncomfortable and have a rest.
13.8 I hereby take full and sole responsibility from any liability of loss or damage to personal property associated with yoga classes or any other events.
13.9 I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue BIKRAM YOGA GLEN WAVERLEY, THE BYGW TEACHERS, Suzyanah Hashemi, BYGW CLASSES, Online Video Platform, Yoga Nation OR ANY ASSOICATED COMPANIES or EMPLOYEES for any injury or death caused by their negligence or other acts.
13.10. I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above under my own free will and by registering for classes in the studios or online classes I hereby accept these terms.

14.GENERAL

14.1 Members are required to give notice to BYGW of any change of home address or email address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address (of either type) notified to BYGW.
14.2 BYGW reserves the right to refuse admission to the Studio or Online classes.
14.3 BYGW may assign the benefit of the Registration Process and a Member’s membership to a third party at any time without notice to the Member.
14.4 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) to rely upon or enforce any term of the Registration Process.
14.5 BYGW may, if a Member so wishes, communicate with the Member by email. By providing an email address to BYGW, the Member consents to receiving email communications from BYGW, including notices pursuant to the Terms and Conditions. BYGW will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
14.6 Members must at all times observe the Studio guidelines and Code of Conduct 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 Members.
14.7 Any marketing, educational or other materials of this nature whatsoever produced by BYGW in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of BYGW and will be subject to BYGW’s copyright.
14.8 We reserve the right to change prices and special offer discounts. You will be notified via our website, newsletters and social media at such time.

ONLINE YOGA CLASSES – On demand Video platform & Yoga Nation ON DEMAND AND LIVE STREAMING

Please read these Terms and Policies carefully before you start to use our Website and before purchasing or booking any services through our Website, On Demand Website or our Live-streaming service. By using our Websites you confirm that you accept these Terms and Conditions and that you agree to comply with them regardless of whether you choose to register with us. If you do not agree to these Terms and Conditions, you must not use our Website or our online services in any way.

Welcome to our Online Services: (“Website”) www,bygw.com.au or www.streammyyoga.com and the BYGW Mind Body booking tool https://clients.mindbodyonline…(“Mind Body booking tool”) to access Livestreamed classes. Our online services are operated by Bikram Glen Waverly (“BYGW” for short) whose registered address is 263 Springvale rd Glen Waverley.

We have set out the terms under which we are providing you with access to our online services. These include the terms and conditions that govern:

a) your rights to use and link to our online services (“Online Services Terms of Use”);

b) how we will use and protect information about you (our “Privacy & Cookies Policy”}

c) our booking terms and conditions and cancellation policy

15.ACCESS

15.1 You may access Website and Content as available and intended through the normal functionality of the BYGW Service; and for your information and personal use;
15.2 for Live Streaming (“Streaming“ or “Stream“ means a contemporaneous digital transmission of an audiovisual work via the Internet from the BYGW Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you Stream BYGW Content, the resolution and quality of BYGW Content you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming BYGW Content you will receive.
15.3 In order to be able to Stream or download BYGW Content from the Service and to view BYGW Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device“). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

REGISTRATION

By registering with BYGW On Demand or BYGW Livestreaming, you are in agreement:

15.5 That you are participating voluntarily in an online or offline class, course or workshop offered by BYGW. You recognise that yoga requires physical exertion that may be strenuous and may cause physical injury, and you are fully aware of the risks and hazards involved.
15.6 You represent and warrant that you are physically fit and you have no medical condition that would prevent your full participation and you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in the program.
15.7 You must be at least eighteen (18) years of age to become a Member and purchase Services unless under supervision of parents or guardians.
15.8 You understand that you are participating in yoga classes without the teacher present in the room with you and able to correct or oversee your practise and you do so entirely at your own risk.
15.9 The Online classes, On Demand or Live Streamed are not directed to or suitable for persons under eighteen (18) years of age.
15.10 You understand that BYGW reserves the right to make alterations to the timetable, instructors and/or equipment, terms and conditions on occasion with minimal notice.
15.11 You understand that photos and videos may be taken of the class and used by BYGW for a marketing purposes at any time unless requested otherwise in a written form by the individual participants.
15.12 You knowingly, voluntarily and expressly waive any claim you may have against BYGW for injury or damages that you may sustain as a result of participating in the classes.
15.13.You, your heirs or legal representatives forever release waive, discharge and covenant not to sue for any injury or accident caused by their negligence or other acts.
15.14 You understand BYGW provides Yoga & Pilates sessions taught by the best independent freelance teachers on a contractual basis. BYGW accepts no liability for claims arising against any specific teacher.
15.15 If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately.

HEALTH DISCLAIMER

Physical exercise, in all of its forms is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in the classes or on our videos. BYGW is not a medical organisation and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while doing the classes or viewing BYGW videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.

By using the Service, you represent that you understand that

15.16 physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental.
15.17 You understand that it is your responsibility to judge your physical and mental capabilities for such activities.
15.18 You understand that any discomfort or pain is not normal and you should cease immediately if you feel anything uncomfortable.

15.19 You understand that it is your responsibility to ensure that by participating in classes, courses, programs, and activities from BYGW, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have.
15.20 You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
15.21 You expressly waive and release any claim that you may have at any time for injury of any kind against BYGW, or any person or entity involved with BYGW, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.