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Membership Terms & Conditions

The following terms and conditions apply to any person including your children (“you”) that are attending any class (“Class”) organized by Ahimsa Yoga (M) Sdn Bhd (“we”, “us”, "Company" or "Ahimsa Yoga). Once you registered as our Member, you are bound by the following terms and conditions. Please ensure you have read and understand the following before signing up as our Member:

1.     Acceptance of terms and conditions

After completing the registration form, you are agreeing to the terms and conditions set out below (“Terms”) and they will be incorporated into the contract between us (“Contract”). You shall comply with these Terms at all time.

 

2.     Payment

The fee for attending the Class including one-time registration fee (“Membership Fee”) will be as stated on our website (https://www.ahimsayoga.my/membership-fee) from time to time. Prices are exclusive of SST or other relevant taxes except where expressly stated otherwise.

 

All payments for the Membership Fee must be made in full at the time of completing the registration form and in any event prior to the date of the Class. Please make payment directly to our bank account as notified. We reserve the right to run price promotions as we think fit. We only confirm your registration upon the payment has been made in full. We reserve the right to change the Membership Fee without prior notice.

 

3.     Refunds

All paid Membership Fees are non-refundable, non-shareable and non-transferable under whatever circumstances.

 

4.     Class Schedule

All the Classes’ schedule are published at https://www.ahimsayoga.my/yoga-class-timetable. We do not have any Classes on Public Holidays and no replacement Classes will be offered if the respective classes fall on Public Holidays. We reserve the right to cancel any Classes without prior notice and replacement Classes.

We require a minimum of 3 pax to start a group class. Classes that do not meet the required attendees six-hours prior to the class commencement time may be cancelled. In the event that the class that you are registered for is cancelled, you will be notified via email register with us. Please ensure that you have the correct email address to reach you.

 

Every possible effort is made to deliver classes and services on time as advertised. However, the schedule is subject to change or cancellation without notice. We’re is not liable to refund, transfer, or offer compensation of any kind for classes that are late, changed or cancelled for any reason.

*An active class package or pre-payment is required for class and private session booking. If you do not have an active class package on your account, please make your purchase via our online store or with our admin.

 

5.     Your obligations

If you act in any way which in our opinion is likely to cause any harm or nuisance to any person at the Class, you will be required to leave the Class and we shall not be liable to refund your Membership Fee or any other payment.

 

You must comply at all times with the health and safety policy of the venue. You must comply with all requests from us or the venue with regard to health and safety and failure to do so will result in you being asked to leave the Class (in which case no refund will be provided). You may not bring any equipment or items of a hazardous or dangerous nature to the Class.

 

You shall not cause any damage to any part of the venue (including outside areas, and all inside walls, flooring, fixtures and fittings). You are solely liable for any damage caused by you to any such area of the venue and shall fully reimburse us in relation to any damage so caused.

 

You must keep your personal belongings with you at all times and we accept no liability for any damage to, loss of or theft of any of your belongings or other items brought to the Class by you.

 

6.     Promotional materials and materials at the Class

You agree that we may include your details in any promotional materials relating to the Class and/or any materials used at the Class. We are not liable for errors or omissions contained in such information.

Unless otherwise stated, the copyright for any such promotional materials and any materials used at the Class (including course notes, slides, brochures, articles and case studies) belongs to us and may not be reproduced in any medium without our prior written consent.

 

You may use such materials for your own business purposes only and may not reproduce, publish or deal with such materials in any way for any commercial use.

 

We reserve the right to change the published programme (including the publicised speakers) or materials as we think fit.

 

7.     Photography and filming

We may wish to photograph or film the Class and reserve the right to do so for the purposes of promoting future Class or otherwise. You consent to us (or any other person attending the Class) photographing or filming you and any persons attending the Class with you. You are not allowed to photograph or video the Class without our prior consent.

 

8. Personal Data

I acknowledge that the Company may collect, use and retain my personal data pursuant to the Personal Data Protection Act 2010. In such instances, I agree that the Company may process or use the personal data pursuant to the Company’s Personal Data Policy.

 

We will communicate with you using the contact details provided on the Registration Form for the purposes of the Class.

You agree that we may release your personal data to Ahimsa Yoga staffs and instructors so that they become aware of my specific needs during the sessions.

You agree our Privacy Policy published at https://www.ahimsayoga.my/privacy-policy

 

9.   Travel

You shall be responsible for making and paying for your own travel arrangements to and from the Class. If you are late at the Class or prevented from attending the Class due to travel delays or any other circumstances, we shall not be obliged to provide you with a refund or to wait to start the Class until you arrive.

10.   Disability and medical conditions

If you have any disability or medical condition that requires us to make special arrangements for you, please inform us as soon as possible prior attending to any Class.

 

11.   Limitation of Liability

Whilst every reasonable precaution is taken by us to ensure security and safety at the Class, we shall not in any way be liable for any loss or damage suffered by you whatsoever in relation to the Class, save that nothing in these Terms shall be deemed to limit the liability of any person for death or personal injury caused by negligence.

 

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, any fraudulent misrepresentation or any other liability for which it is unlawful to exclude or limit liability.

 

Our total liability for any matter arising out of the Contract shall in all circumstances be limited to the Membership Fee paid in a month and we shall not in any circumstances be liable to you for any consequential loss whatsoever.

 

13.   Governing Law and Jurisdiction

This Agreement shall govern by Malaysian law in every particular including formation and interpretation.

Any proceedings arising out of or in connection with this Agreement may only be brought in a court of competent jurisdiction in Malaysia.

 

14. Personal Belongings

You agree that Ahimsa Yoga Academy is in no way responsible for the safekeeping of your personal belongings when you are present in the studio. You assume your own personal responsibility and all risk of loss for any of your personal belongings.

15. Participation in Classes

By participating in our classes, you hereby agree that you are physically fit and well to participate. You are solely responsible to seek medical advice if required prior, to decide whether or not the Facility or the classes would be suitable for you, having regards to your personal health condition. By participating in our classes, you agree to adhere to the instructions given by our Instructors during class.

We will not be liable for any failure to obtain access to our Facility or usage of the Facility beyond the reasonable control of Ahimsa Yoga Academy. Any refund of the usage fee will be subject to the sole discretion of Ahimsa Yoga.

 

16. Changes of the agreement

We reserve the right to modify these Terms and Conditions by updating the terms on the Site at our sole discretion. Your continued use of the Site after any updates constitutes your acceptance of the new Terms and Conditions. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement, or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

 

17. Usage of Sessions within the Membership

Upon subscription to the paid Membership, it is a requirement that all sessions must be utilized before the expiration date. You acknowledge and agree that any unused sessions after the expiration date will be forfeited, and no extensions or refunds will be granted.

Upon maintaining an active Membership subscription with Ahimsa Yoga and enrollment in a paid Membership plan, you are entitled to carry forward any unused sessions from your previous subscription plan to your new plan. Requests for session rollovers must be submitted a minimum of 7 days before the expiration of your current Membership plan. Please note that we are unable to process backdated requests or accommodate requests made on the same day as your package expiry date.

In the event of promotions, Ahimsa Yoga may communicate a different session rollover policy.

If your Membership is cancelled, terminated, or expires, all unused sessions will be forfeited on the last day of your membership.

18. Waiver & Release

The below section refers to Waiver & Release which takes effect upon when you have registered an account with Ahimsa Yoga on our website.

 

In consideration of the services by Ahimsa Yoga in relation to conducting and carrying activities including any classes, program, training, instruction or event (“Activities”), and/or use of facilities or equipment therein (“Equipment”), whether provided by the company, or otherwise, the company’s employees, contractors, agent, affiliates, representatives, assigns or successors (“Associates”) at the space of Ahimsa Yoga located at the addresses listed at https://www.ahimsayoga.my/outlets (“Premise”). I, the undersigned, hereby voluntarily agree as follows:-

Declaration:

  1. I hereby confirm that I am 18 years old or older in order to participate in the Activities, For ages 17 and under, I agree that I will require parental/guardian supervision.

  2. I hereby declare myself to be physically sound and suffering from no condition, impairment, disease or other illness [collectively, “Ailments”] that would prevent my participation in the activities and/or use of the equipment. In the event that I am aware of such Ailments, it is my responsibility to inform the Company and/or its Associates prior to participating in the Activities.

  3. I further acknowledge that it is my responsibility to ensure that I am in good physical condition prior to participating in the Activities conducted in the Premise and to use the Equipments.

  4. Where I am unsure and/or unfamiliar with the use of the equipment and/or the Activities, it is my responsibility to actively inform the Company and/or its Associates prior to performing any exercises or participating in any of the Activities

  5. I understand that Activities and its exercises thereof can be physically demanding and if performed incorrectly can cause serious harm.

  6. Where I remain silent, I acknowledge that I am familiar with the Equipment and thus will not use the Equipment that I am unfamiliar with or perform any exercises that I am unsure of. In this regard, I assume all liability for any possible injury caused by the exercises I choose to perform or Activities that I choose to participate.

  7. I acknowledge that the Company and its Associates are not able to provide you any medical advice in relation to the use of the Equipment wherein I acknowledge that it is my responsibility to enquire as to and ascertain my health or fitness level.

  8. Where I have any health or medical concerns or suspicion of any Ailments, now or after I join as a Member, I must discuss them with a medically qualified doctor before using the Equipment. If you use the equipment contrary to medical recommendations or fitness/ use recommendations, I do so at my own risks.

  9. I understand that in the event of an accident or injury, personal judgement may be required by the company’s employees, agents, representatives or volunteers regarding what actions should be taken on my behalf.

  10. I understand that it is my responsibility to secure personal health insurance in advance, if desired.

  11. I acknowledge that the company and/or by the company’s personnel does not legally owe me a duty to take any action on my behalf.

  12. I acknowledge that my access to the Activities is not exclusive and subject to the availability on a “first-come-first-serve” basis. The Company does not provide any representation or guarantees that I will have access to the Activities at any given time

 

I further agree that the Company reserves the ultimate rights to refuse me entry or to request me to leave where I:

  1. act, engage or perform any exercises in respect of the Activities or mis-use the Equipment which could cause damage to the Premises and/or Equipment;

  2. fail, refuse and/or omit to follow any instructions or directions afforded by the Associates concerning the Equipment and/or Activities;

  3. act in manner that threatens, causes harm and/or discomfort (including sexual harassment) to the Associates or other members;

  4. am under the influence of, or suspected to be under the influence of, any intoxicating, illicit or performance based substance while at the Premises and or during the Activities.

 

Assumption of Risk:-

  1. I hereby acknowledge full understanding of the possibility of inherent risks, dangers and hazards associated with the activities and/or use of the equipment in the Premise.

  2. I further acknowledge that it is my responsibility to have a physical examination and to obtain my physician’s permission prior to participating in the activities and/or using the equipment.

  3. I hereby assume all risk of injury, illness, death, damage, or loss to myself or my property that I may suffer while and/or resulting from using the Premise or the Equipment, or participating in the Activities, whether arising out of active or passive acts of negligence, action or inaction, on the part of the Company or the Associates.

  4. I understand and acknowledge that the Company purchases and/or leases the equipment from third parties whereby the Company is not involved in the manufacture and/or assembly of any equipment used in premises wherein I agree that the Company shall not liable for defects in products or equipment and any injury loss or damage resulting there from. I shall be personally responsible for any personal property that is damaged, lost, or stolen while on or around the Facilities including, but not limited to its contents or any property left in a locker.

 

I, the undersigned, for myself and on behalf of my next of kin, heirs, personal representatives and assigns, hereby release, indemnify and hold harmless the Company and the Associates from any and all claims, demands, damages, rights of action or causes of actions, present or future, arising out of my participations in any of the Activities occurring in the Premise, usage of the Equipment and/or the Premise, including any injuries arising from the negligence of the Associates or otherwise, to the fullest extent permitted by the law.

 

19. Intellectual Property

The Site contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of the Company [collectively referred to as the “Content”].

 

The Content may be owned by the Company or authorised third parties. Any unauthorized use of the Content may violate copyright, trademark, and other laws. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

 

The trademarks, service marks, and logos of the Company used and displayed on the Site are registered and unregistered trademarks or service marks of the Company. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the aforementioned marks without our prior written permission specific for each such use.

 

No Content shall be retransmitted or reproduced in any other form whether electronically or printed without the Company’s express, written consent for each and every instance.

 

20. Miscellaneous

These Terms and Conditions constitute the entire understanding between the Company and myself relating to the Premises, Activities and the transaction thereof. Unless otherwise expressly agreed in writing, these Terms and Conditions shall prevail over any other terms of the Transaction, whether oral or written to the extent of any inconsistency or conflict between these Terms and Conditions and such other terms.

No other Terms and Conditions will apply. These Terms and Conditions cannot be varied unless the Company hereby agrees to vary it in writing.

If any one or more of the provisions or part thereof contained in these Terms and Conditions is or becomes invalid or unenforceable due to any reason, this shall not in any way affect or impair the validity or enforceability of the remaining provisions hereof.

 

The headings in these terms and conditions are for convenience only and shall not affect their interpretation.

Any reference in these terms and conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of Malaysia.

#Last updated on the 2nd of December, 2023

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