Terms and Conditions

Welcome to Namakind

By continuing to access the Namakind studio or website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with the privacy policy, govern Namakind’s relationship with you in relation to the website and studio. The term ‘you’ refers to the user or viewer of our website/studio. We reserve the right to update, change or replace any part of these Terms and conditions at any time. It is your responsibility to periodically check our website for changes. If you disagree with any part of these terms and conditions, please do not use this website. 

COPYRIGHT

Unless otherwise indicated, the Namakind owns all copyright of the material on the Website. All registered or unregistered trademarks used on the Website are the property of their respective owners.

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to Namakind. Except for viewing the content for your own personal non-commercial use, Namakind does not grant you any rights to use the Website or content for any other purpose unless it expressly consents in writing.

STUDIO TERMS AND CONDITIONS

Please read through the terms and conditions on our website thoroughly before enrolling. When enrolling as a student of Namakind, at any venue we hire for the delivery of services, you agree to the terms and conditions as laid out on the Namakind website namakind.com. 

  • While we endeavour to deliver all our classes on time and as advertised, classes are subject to change or cancellation without notice. Namakind is not liable to refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason.
  • Teachers are subject to change without notice.
  • Please arrive at least 5 minutes before class as late entry is discouraged and cannot be guaranteed. For security reasons the door to the studio is locked at the beginning of each class.
  • Leaving class early without a medical reason is strongly discouraged.
  • Please check in with the teacher before each class.
  • Namakind is not responsible for the safekeeping of your belongings.
  • Namakind has the right to refuse entry at anytime.
  • Bookings are to be made via our website, and class payment must be made upon booking.
  • You agree that you have been examined by a qualified medical practitioner within the past six months and have been found by such practitioner to be in good physical health and physically able to perform all yoga exercises.
  • Classes at Namakind may be physically strenuous and you voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death.
  • You will follow all instructions given to you by Namakind Yoga teachers and you acknowledge that any failure to do so will be at your own risk and may cause injury.
  • Namakind is in no way liable for any injury, loss of property or death resulting from attending our studio.
  • By booking into a class you automatically agree to the above terms & conditions.

CLASS BOOKING TERMS & CONDITIONS

Bookings are essential to attend all in-studio classes. This is done via our website. This is essential in order to track who has entered the studio. Drop-ins are allowed for some classes. Any person attending as a drop-in must provide the requested contact information for our records.

By booking & attending any in-person offerings delivered by Namakind, you agree to our Studio Waiver and Release.

Cancellations – please see policy below.

We will have a waitlist for in-studio classes to sign up for. When a cancellation occurs by another student, Namakind will automatically send you an email stating that you have been accepted into the class, please check your junk mail folder too.

We also offer classes online. When signing up for classes, please ensure you select the correct class. That is, a STUDIO (In-Club) or ONLINE class.

CANCELLATION POLICY

Our cancellation policy is in place to ensure everyone has a chance to attend.

  • Class cancellations must be made via the ‘My Account’ section on our booking website. More than twenty four (24) hours before the class start time will not incur a fee. Cancellations within 24 hours will incur a late cancellation/no show fee of $20.
  • To cancel out of class: log in to your account by visiting the ‘My Account’ tab on our booking website (studio.namakind.com), then click on my bookings, click cancel.
  • Course cancellations must be made by emailing studio@namakind.com. More than fourteen (14) days before the course start date will not incur a fee, as this allows the studio time to fill your place in the course. Cancellations within fourteen (14) days will forfeit all fees paid for the course.
  • Students on unlimited passes/memberships who book into a class and fail to attend or cancel the booking without more than twenty four (24) hours notice of the class will be charged a $20 late cancellation/no show fee (i.e. cancelling within 24 hours of the class start time will incur a late cancellation fee of $20).
  • Students using an Intro offer, drop in, 5, and 10 class pass who book into a class but fail to attend or cancel without more than twenty four (24) hours of the class start time, will forfeit their class.
  • Class cancellations will not be accepted via phone, email or social media.
  • Course cancellations will be accepted via email only.

COVID-19 POLICY

The safety of all students is our priority. If you have any cold or flu-like symptoms or are feeling unwell, or have been identified as a close contact with someone who has Covid-19, please do not attend class.

By booking & attending any in-person offerings delivered by Namakind, you agree to our Covid-19 Waiver and Release.

  • Classes – In the event you cannot attend a class you have booked due to COVID-19, the minimum cancellation notice period applies. Please refer to our class cancellation policy above.
  • Courses – In the event you cannot attend a course you have booked due to COVID-19, the minimum cancellation notice period applies. Please refer to our course cancellation policy above. At the discretion of the studio owner, a video class may be provided in lieu of the missed course class. Access to any video/s provided will be for the course duration only.

PRICING

  • All prices are correct at the time of online publication. Prices are subject to change without notice.
  • Sale items are only available at the lower price during the sale period.
  • Unforeseen supply problems or unexpected demand may occasionally result in stock being unavailable.
  • We reserve the right to amend prices and printing errors.
  • Prices may increase from time to time to reflect increases in cost and benefits.
  • All purchases are final. Namakind does not offer refunds, transfers, suspensions or extensions on services, workshops or products for change of mind, injury, illness, change of address or any other reason.
  • All passes and memberships are non-transferable.
  • Namakind reserves the right to pass on the cost of any additional bank fees which may incur from disputed or failed transactions regarding a students account.

WORKSHOPS & COURSES

  • Namakind does not offer refunds or credits on workshops for change of mind, injury, illness, change of address or any other reason. All purchases are final.
  • If you cannot attend, you may transfer your place into another person’s name by calling or emailing Namakind at least twenty four (24) hours before the start of the workshop/course.
  • Payment needs to be made upon booking in order to confirm your spot.
  • Please arrive at least 5 minutes before the scheduled start time of the workshop/course. Late entry will not be permitted.
  • Any no show or absence will result in the forfeit of that visit. If you do not attend a booked workshop/course you will forfeit all fees paid. Latecomers will be considered a no show and you will forfeit all fees paid.

DIRECT DEBIT MEMBERSHIP

  • Studio Memberships are paid fortnightly in advance for the following two weeks of practice.
  • Namakind reviews membership fees periodically and may change the membership fees from time to time. Your membership fees may be increased at the discretion of and at any time by Namakind, subject to thirty (30) days written notice. Namakind will notify you in writing.
  • For cancellation, we require at least 7 days notice prior to your next billing date.
  • You may cancel your membership at any time inside your account. For assistance, please email studio@namakind.com
  • Passes and memberships cannot be shared. Anyone found to be sharing their pass or membership will be denied entry and have their pass or membership canceled and online access revoked. All fees paid will be forfeited.
  • It is your responsibility to ensure there are sufficient funds available to cover any direct debit memberships. Should a payment be declined for any reason, Namakind reserves the right to process payment at any time to settle any debt owed. If a direct debit is declined due to insufficient funds, the transaction will fail. This will attempt to be debited every day for 7 days after the failed payment and you will be unable to book or attend classes until your payment has been settled.
  • Namakind is not responsible for additional bank feeds that you may incur from your bank. Bank fees are under the terms and conditions of contractual agreements that lie between you and your bank.
  • The terms and conditions of our third-party biller Stripe form a binding component of your membership agreement.
  • All account debts must be settled before cancellation of membership can be finalised, this includes all late cancellations and no-show fees incurred.
  • We reserve the right to cancel memberships.

GIFT CARDS

  • Gift cards can be used for yoga classes at Namakind (excluding workshops/courses).
  • Gift cards are not redeemable for cash.
  • Valid for 6 months from the date of first use.
  • Gift cards are not transferable.
  • Namakind does not offer refunds, transfers, suspensions or extensions on Gift cards for change of mind, injury, illness, change of address or any other reason. All purchases are final.
  • We accept no responsibility if a gift voucher code is lost, stolen, destroyed, or used without your permission.
  • Gift cards may be purchased by emailing studio@namakind.com.

CLASS PASSES

  • 5 and 10 class passes are valid for 3 months after the purchase date.
  • Class passes can be used for classes (eg. MacMasters Beach Yoga) only and may not be used for courses.
  • Namakind does not offer refunds, transfers, suspensions or extensions on class passes for change of mind, injury, illness, change of address or any other reason. All purchases are final.
  • Passes cannot be shared. Anyone found to be sharing their pass will be denied entry and have their pass or membership canceled.

INTRO OFFER

  • Namakind Intro offer is only available to new students.
  • The pass will be activated for your first class only.
  • The class included in your intro offer is non-transferable and non-suspendible.
  • Students who have practiced at Namakind previously are not eligible for this offer. This included class pass students and those that have purchased a drop in or any other pass.

INTELLECTUAL PROPERTY RIGHTS

  • The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.
  • All trade marks, brands and logos which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

LIMITATION OF LIABILITY

  • To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and services again or payment of the costs of having those goods and/or services supplied again.
  • We accept no liability for any loss whatsoever including consequential loss suffered by you arising from products and/or services we have supplied.

INDEMNITY

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

JURISDICTION

  • These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts
  • If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

PRIVACY

  • We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk. Although we undertake to take reasonable steps to preserve such information in a secure manner.
  • Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our website.