Studio policies & terms.
Studio Policy
Please arrive at least 5 minutes early to class. If you are new to the studio, arrive at least 15 minutes early.
No late comers will be accepted. The class will begin at the time it is scheduled to commence, if you arrive late or after we have commenced the class you will not be able to practice. It is too disruptive to both the teacher and the students to allow someone to come in late. No exceptions.
Yoga & Meditation classes run from 30-120 minutes, it is your responsibility to check how long your scheduled class will be.
No leaving early, you must stay for the duration of the scheduled class, as it is too disruptive to both the teacher and the students. You have committed to be here, so allow yourself the time.
As a courtesy to others, mobile phones are not to be used during class. Please leave your phone in your car or at home. If you are bringing it into the studio it MUST be switched off and put away, you cannot have it next to your mat. We highly recommend smart watches are not brought into the studio space either as they cause a distraction.
Please let your teacher know prior to the class commencing if you have any injuries, concerns, or are pregnant.
You must be at least 18 years of age to attend group classes. Anyone under 18 must contact the studio prior to signing up to discuss options.
Please clean your mat & props after use, and pack them away neatly.
Children are not permitted in the studio at anytime.
Booking Policy
Class bookings are essential and must be made through the MINDBODY app or our website.
Class bookings are at your own responsibility via MINDBODY. Please ensure you have reminders and alerts set via MINDBODY.
If a class is full, you can add yourself to the waitlist. But once you are on the waitlist you are committing to attend that class if a spot becomes available. A text and email will send you to notify you that you have been put in the class.
Sessions cannot be used by anyone other than the person booked into the class. If someone other than the person booked in arrives to use the session, they will be turned away or asked to purchase their own session.
Introductory offers will activate from the date when first used.
Class packs will activate from the date of purchase.
Om Som Yoga may change or substitute any teahcer at any time without providing notice to clients.
Cancellation Policy
Cancellations or rescheduling group classes must be done through MINDBODY APP or via our website ASAP. We understand that life happens and thus we have a very lenient cancellation policy due to most studios. When classes start booking out we will enforce a stricter policy, but for now do the right thing by cancelling yourself out of class as soon as you can.
There is a strict 24 hour cancellation policy for 1:1 private sessions. If you fail to cancel within this time, you will lose your session and the full amount will be deducted from your account or pack.
Class bookings are at your own responsibility via MINDBODY or our website, if you book the wrong class, your pass cannot be reused. Please ensure you have reminders and alerts set via MINDBODY.
Om Som Yoga may cancel a class at any time and for any reason. You will be credited for any classes in this circumstance.
Group classes require a minimum of 1 student to run. If no one is booked in the class may be cancelled so it is very important that you are always booking in, so that you don't turn up to a cancelled class.
Purchase Policy
All purchases are non-refundable and non-transferable between individuals. No refunds will be provided.
No extensions are permitted to the specified expiry period.
Our introductory offers are valid for one time only to new clients. No extensions. Cannot be used for workshops or events.
All memberships will be deducted as per the auto payment schedule outlined on your contract agreement. If a failed payment occurs, a $10 dishonour fee will be charged for each failed payment.
Payment must be made prior too booking. You must either have pre-purchased sessions on your account or pay at the time of booking via the MINDBODY app or our website.
Monthly passes are for 30 days only from the first class used on the pass. No extensions.
Yearly passes are for 365 days only from the first class used on the pass. No extensions.
Release & Waiver
In consideration of being permitted to participate in any activities carried on at 2/1-7 Enterprise Avenue, Berwick VIC 3806 (“the Property”), or whilst visiting of the Property I acknowledge and agree as follows:-
am entering the Property voluntarily.
I assume all risks of attending and being present at the Property and understand that such risks could be considerable.
I, for myself and my personal representatives, assigns and next of kin, voluntarily release and forever discharge OM SOM PTY LTD and the registered proprietor and all directors, officers, employees, volunteers, agents and representatives of OM SOM PTY LTD and the Landlord (“Releasee”) from any and all claims, damages, costs, actions and other liabilities, including without limitation, losses arising from, or related to, any injury to me or my property or any other person or their property whether caused by the negligence of myself or otherwise.
I agree to all abide by all reasonable rules, regulations, procedures or requests that have been communicated to me from time to time (whether written, oral or otherwise) by each and every Releasee.
I agree to indemnify and hold harmless each and every Releasee from and against any losses (including without limitation any damages inflicted by me upon any facilities or other property) which any of them may sustain by reason of my occupation of the Property.
I acknowledge my responsibility in communicating any physical and/or psychological concerns that might conflict with my participation in any permitted activities.
I certify that I am sufficiently physically and mentally fit and healthy to enter onto the Property and participate in any permitted activities.
I agree to comply with all COVID-19 laws, regulations, restrictions or guidelines imposed from time to time by the Victorian or Federal Governments or the Releasee.
I understand that each and every Releasee will not be liable for any transmission of COVID-19 that occurs upon the Property and I agree to indemnify and hold harmless each and every Releasee from and against any losses or damages which any of them may sustain by reason of my failure to comply with any COVID-19 laws, regulations, restrictions or guidelines imposed from time to time by the Victorian or Federal Governments or the Releasee.
I waive any right which I may otherwise have at law in this regard.
I agree that this Release and Waiver will be construed as a whole according to its fair meaning and not strictly for, or against, either of the Parties.
I agree that this Release and Waiver is intended to be as broad and inclusive as permitted by the applicable law and if any portion or clause of this Release and Waiver is held invalid or unenforceable by a Court of competent jurisdiction then I agree the balance of the Release and Waiver will continue in full legal force and effect.
Application
These terms and conditions of this Release and Waiver (“Terms”) apply together with all Contracts or other written agreements made or accepted by OM SOM PTY LTD to the Participant unless otherwise agreed by OM SOM PTY LTD in writing.
If there are any inconsistencies between the Terms and the terms of a contract entered into by OM SOM PTY LTD and the Participant, the terms of that contract will prevail to the extent of any inconsistency.
OM SOM PTY LTD can vary or amend these Terms at any time by providing written notice to the Participant including any such variations or amendments.
These Terms are governed by and construed in accordance with the laws of the state of Victoria, Australia. The Participant and OM SOM PTY LTD submit to the jurisdiction of the state of Victoria.
These Terms are subject to the operation of the Australian Consumer Law, found in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and Regulations as amended. Nothing in these Terms has the effect of excluding, modifying or restricting any law applicable to the supply of goods and services that cannot be excluded, modified or restricted.
Warning Under Australian Consumer Law and Fair Trading Act 2012
1. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational 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.
2. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be 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.
3. NOTE: The change to your rights, as set out in this form, 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.
Acknowledgement
By ticking the box, I certify that I have read this Release and Waiver in its entirety, I understand the Terms and I am entering into this Release and Waiver freely and voluntarily
For Participants under 18 years of age (“Minor Participant”)
I am the parent or guardian of the Minor Participant and on behalf of myself, the Minor Participant and all other parents or guardians of the Minor Participant, I agree and accept the foregoing and represent and warrant that I have the authority to agree and accept all of the foregoing.