BOOKING TERMS AND CONDITIONS FOR CLASSES, PASSES, PACKAGES, EVENTS AND RETREATS

1. DEFINITIONS

1.1. “Booking” means YOGA SEEDS’ booking or purchase process which is subject to acceptance of these Terms.

1.2. “Client” means the person who makes a Booking or any individual that receives tickets as part of the Booking

1.3. “Event” means the yoga classes, retreats or events which are the subject of the Quotation and Booking.

1.4. “YOGA SEEDS” means YOGA SEEDS PTE LTD (Singapore Company Registration Number 201318332G)

1.5. “Quotation” means the prices for various products and services quoted and listed by YOGA SEEDS online or offline or sent via email to the Client which is the subject of the Booking.

1.6. “Services” means the yoga services to be performed by YOGA SEEDS pursuant to the Booking in accordance with these Terms.

1.7. “Terms” means these booking terms and conditions.

1.8. “Class Pass” or “Pass” means any class package, class credit package, membership, trial package or other pass purchased by a Client for attendance at one or more yoga classes offered by YOGA SEEDS.

1.9. “Product-Specific Terms” means the validity, activation, transferability, sharing, suspension, cancellation, refund and other conditions stated on the relevant purchase page, invoice, booking form or written communication for the particular Event, Pass, package or service purchased by the Client.

1.10. Where Product-Specific Terms are stated for a particular purchase, those Product-Specific Terms shall apply together with these Terms. In the event of any inconsistency relating specifically to validity, activation, transferability, sharing, suspension, cancellation or refund entitlement, the Product-Specific Terms stated at the point of purchase shall prevail for that purchase.

2. BOOKING AND PAYMENT TERMS

2.1. For all bookings of Event(s) and purchases of any class packages or passes, full payment of the total amount shall be due immediately. By booking an Event or purchasing any packages or classes with YOGA SEEDS, the Client is deemed to have read and understood the Quotation and agreed to these Booking Terms and Conditions and the Booking will be accepted by YOGA SEEDS on this basis. A legally binding contract shall be formed according to clause 5.6.

2.2. Upon receipt of the Booking or purchase from the Client, YOGA SEEDS shall send the Client an invoice for payment received for total amount received.

2.3. The Client is advised to provide all details requested by YOGA SEEDS upon confirmation of booking. Failure to provide certain necessary information may result in additional costs or even disruption of Event. This term especially applies to Events held outside of Singapore.

2.4. Failure to provide important information may, at the discretion of Yoga Seeds, count as a Cancellation of Booking and the total costs incurred by the Client for the Booking is 100% non-refundable.

2.5. Any items stated in the Quotation as “additional” items or any items which are requested by the Client after the Booking has been confirmed by YOGA SEEDS, must be confirmed by the Client in writing (email shall be sufficient) or in speech in front of a neutral third party as witness before being actioned by YOGA SEEDS.

2.6. For any bookings or additional services accepted within 15 days of Event, YOGA SEEDS reserves the right to charge a late fee or surcharge post booking to cover any additional administrative costs.

2.7. For any late fees or surcharge that YOGA SEEDS will charge post booking, the Client would be notified within five (5) working days and be given the option of a full cancellation with a full refund for a given time frame, no less than (1) working day.

2.8. Full payments due to Yoga Seeds post Booking shall be made via immediate funds transfer or cash payment prior to the due date stipulated or the Event, whichever is earlier.

2.9. Any variation or amendment to these payment terms will be set out by YOGA SEEDS in writing (email shall be sufficient) on the Booking.

2.10. Subject to 2.9 above, no variation to the Terms shall be binding unless agreed in writing (email shall be sufficient) by an authorised representative of YOGA SEEDS.

2.11. Any typographical, clerical or other error or omission in any Quotation, correspondence or other Booking documents or information issued by YOGA SEEDS shall be subject to correction without any liability whatsoever on the part of YOGA SEEDS.

2.12. For Events held outside of Singapore, each Client must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for their stay. All passports must be valid for at least 6 months and it is the Client’s responsibility to be in possession of the correct visas, permits and certificates for all overseas travels. YOGA SEEDS is not liable if the Client is refused entry for passport, visa or other travel documentation issues.

2.13. For the majority of our Events, the minimum age for Clients is 16 and all Clients under the age of 18 must be accompanied by at least one Client who is responsible for the child’s care.

2.14. Clients over the age of 65 are required to request for, complete and return a Self-Assessment form provided by YOGA SEEDS.

2.15. YOGA SEEDS may, at its discretion and having regard to a Client’s declared health or medical condition, advise against, stop or disallow participation in any class, Event or Service where participation may not be appropriate or safe. Any refund, suspension, transfer, credit or other arrangement will be determined in accordance with the Product-Specific Terms applicable to the Client’s purchase and these Terms.

2.16. Travel insurance is highly recommended for all Clients attending Event(s) outside of Singapore. For certain Event(s), YOGA SEEDS may strongly advise Clients to own at least a basic travel insurance (prior to departure from Singapore) that covers against personal accident, death, medical expenses and emergency repatriation. On top of the basic features, it is also recommended that the travel insurance owned covers cancellation, curtailment, personal liability and loss of luggage and personal effects.

3. CLASS PASSES, PACKAGES AND MEMBERSHIPS

3.1. All Class Passes, packages and memberships are subject to the Product-Specific Terms stated at the point of purchase, including any applicable validity period, activation period, suspension entitlement, transferability, sharing rights and refund restrictions.

3.2. Unless otherwise expressly stated in the Product-Specific Terms, all Class Passes, packages and memberships purchased from YOGA SEEDS are strictly non-refundable, whether unused, partially used, activated or unactivated, except where required by applicable law or where YOGA SEEDS expressly agrees otherwise in writing.

3.3. A Client’s inability to attend or continue attending classes due to illness, injury, medical condition, pregnancy, relocation, change in personal circumstances, scheduling conflict or any other reason does not create an automatic entitlement to a monetary refund.

3.4. Where the Product-Specific Terms provide for a suspension, extension, transfer, credit or other accommodation, the Client may request that accommodation in accordance with the stated terms.

3.5. Where a Client requests an accommodation on medical grounds, YOGA SEEDS may request reasonable supporting documentation, such as a medical certificate or doctor’s memo confirming that the Client is unable, or medically advised not, to participate in yoga classes for a stated period. The Client may redact medical information unrelated to the request.

3.6. Any refund, credit, transfer, suspension, extension or other arrangement offered by YOGA SEEDS outside the stated Product-Specific Terms is granted at YOGA SEEDS’ discretion as a goodwill arrangement for that specific case only. It does not create any obligation, entitlement or precedent in respect of any other Client or future request.

4. VARIATION AND CANCELLATION

4.1. The cancellation charges in this Section apply to fixed-date Events, workshops, trainings, retreats or other bookings with a scheduled commencement date. They do not apply to regular Class Passes, packages or memberships, which are governed by the Product-Specific Terms stated at the point of purchase and Section 3 of these Terms.

4.2. If the Client wishes to vary any details of the Booking after it is returned to YOGA SEEDS, it shall notify YOGA SEEDS in writing (email shall be sufficient) as soon as possible. YOGA SEEDS shall endeavour to make any required changes, but the Client is liable for any additional costs thereby incurred, subject to payment terms detailed in clause 2.8).

4.3. Whilst every reasonable effort will be made to ensure that the Services are provided in accordance with the Booking, YOGA SEEDS reserves the right in its sole and absolute discretion to make any changes to the Services for the Event which do not in the opinion of YOGA SEEDS materially affect the quality of the Services. If YOGA SEEDS has to make any material changes relating to the Booking it shall notify the Client forthwith. YOGA SEEDS shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances. Where such alternative is not acceptable to the Client acting reasonably and in good faith, YOGA SEEDS shall refund to the Client the price paid according to the Booking.

4.4. Cancellation of a Booking may not be accepted by YOGA SEEDS unless and until it is confirmed in writing (email shall be sufficient) with the Client. In the event of a valid cancellation by the Client after the Booking is returned, YOGA SEEDS may apply and the Client shall be liable to pay to YOGA SEEDS the following cancellation charges:

• Where YOGA SEEDS receives a valid cancellation of a Booking:

  • more than 60 days before the Event, the Client shall be liable for 50% of the total price of the Booking or full costs incurred with external third-party vendors approved in writing (email shall be sufficient) by the Client, whichever is more; and

  • in the period within 45 to 60 days before the Event, the Client shall be liable for 75% of the total price of the Booking; and

  • less than 45 days prior to the Event, the Client shall be liable for 100% of the total price of the Booking.

• Where YOGA SEEDS receives a valid cancellation of a Booking after the collection of deposit fees, the full deposit fees would be forfeited and incurred on top of the above.

For the avoidance of doubt, if any of the above cancellation charges apply and the Client has already paid more than the relevant amount to YOGA SEEDS, the Client shall receive a refund of the difference.

4.5. Special payment terms may apply especially for overseas travel if otherwise stated at the time of purchase by YOGA SEEDS in writing in communications with the Client.

4.6. YOGA SEEDS may cancel any Booking forthwith by notice in writing (email shall be sufficient) to the Client in accordance with clause 3.5 or if at any time the Client becomes bankrupt or insolvent (or if bankruptcy or insolvency proceedings are commenced against it). In such an event, YOGA SEEDS shall be entitled to retain any and all sums already paid to it by the Client in connection with the Booking, which shall be without prejudice to any other rights it may have whether at law or otherwise.

4.7. If for any reason beyond the reasonable control of YOGA SEEDS (including but not limited to an Act of God, explosion, abnormally inclement weather, flood, tempest, fire or accident, war or threat of war, terrorist activity or threat of terrorism, sabotage, insurrection, civil disturbance or requisition, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental or local authority, import or export regulations or embargoes, strikes, lockouts or other industrial actions or trade disputes, power failure), the Event and/or the Services are cancelled or disrupted in any way, YOGA SEEDS shall not be liable to the Client or be deemed to be in breach of the Booking or these Terms by reason of any delay in performing, or failure to perform any of its obligations in relation to the Booking or these Terms. YOGA SEEDS may choose to, but shall not be obliged to, agree in good faith with the Client the amount of any refund to the Client. If the Client wishes to protect its investment in the Services purchased in relation to the Event, the Client is advised to seek contingency insurance from a specialist contingency insurance broker. YOGA SEEDS shall have no further liability to the Client arising from YOGA SEEDS’s failure to perform the Services in any such circumstances.

5. LIMITATION

5.1. YOGA SEEDS shall not under any circumstances be liable to the Client in contract, tort (including negligence) or otherwise for loss of revenues or opportunities, goodwill, reputation or any type of special, indirect or consequential loss (even if such loss was reasonably foreseeable or YOGA SEEDS had been advised of the possibility of the Client incurring the same).

5.2. Further, YOGA SEEDS shall have no liability for any death or bodily injury (except death or injury caused by the negligence of YOGA SEEDS, its staff or contractors), or loss of or damage to property, of anyone attending the Event pursuant to the Booking, whether arising from such attendance, or in relation to the provision or use of the facilities at the Event. The Client agrees to indemnify YOGA SEEDS against any claim in respect of any such liability (and the costs and expenses incurred by YOGA SEEDS in relation thereto).

5.3. Without prejudice to any other limitation or exclusion of liability set out in these Terms and to the fullest extent permitted by law, the total liability of YOGA SEEDS to the Client in contract, tort or otherwise including negligence (save for any liability arising from death or personal injury due to the negligence of YOGA SEEDS or its employees which shall be unlimited) arising in relation to the Event (and/or the provision of the Services to the Client) shall not exceed 50% of the total amount paid by the Client hereunder.

6. GENERAL

6.1. All Quotations are made and Bookings accepted subject to these Terms. These Terms shall apply to all Quotations and Bookings in precedence over any other printed terms and conditions, including any appearing on the Client’s stationery or correspondence.

6.2. The Client shall procure that all Clients comply with these Terms and furthermore the Client indemnifies YOGA SEEDS against all claims, costs, damages and judgements awarded against or incurred or paid by YOGA SEEDS as a result of or in connection with the Booking.

6.3. YOGA SEEDS reserves the right to amend, revise or update these Terms from time to time at its discretion. Any updated Terms will be published on the YOGA SEEDS website and will take effect from the date of publication or such later date as may be stated.

Unless required by applicable law or expressly agreed in writing between YOGA SEEDS and the Client, any amended Terms will apply only to Bookings and purchases made on or after the effective date of the amended Terms. Any Booking or purchase made before that date will remain governed by the version of the Terms, together with any Product-Specific Terms, applicable at the time of purchase.

Clients are encouraged to review the applicable Terms before completing any new Booking or purchase.

6.4. All tickets sold to Clients shall remain the property of YOGA SEEDS (or whomever is the original owner of the tickets) at all times.

6.5. The Client consents to being photographed at the Event, to filming and sound recording of the Event and consents to the use of such, photographs and/or recordings in any marketing or promotional materials in connection with the Event, on the Event website and in any broadcast or publication in any territory in the world.

6.6. No binding contract shall be formed until YOGA SEEDS has received full payment from the Client for the Booking (which incorporates these Terms). No tickets, itineraries, maps or other final details with respect to any Event or arrangements relating to any Booking will be forwarded to the Client until payment has been received in full by YOGA SEEDS.

6.7. No waiver by YOGA SEEDS of any breach of these Terms by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

6.8. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.

6.9. The rights granted to the Client hereunder are personal to the Client and may not be transferred or assigned to any third party without the prior written consent of YOGA SEEDS.

6.10. The Quotation, the Booking and these Terms contain the entire understanding between the parties with respect to their agreement concerning the Event. In entering into this contract neither party has relied on (nor shall it have any remedy, in contract or tort, in respect of) any statement, representation, warranty or understanding which is not expressly set out in the Quotation, Booking or these Terms, provided that nothing herein shall operate to exclude or limit any liability for fraud.

6.11. The Client shall at all times be subject to the terms, conditions and rules imposed by the organisers of the Event and/or the Event venue and shall indemnify YOGA SEEDS from and against all and any claims arising from the Client’s breach of the same.

6.12. The Client shall not sell the benefit of any Booking on the wholesale or trade market without prior written consent from YOGA SEEDS. No Client may transfer the benefit of the Booking for use as a competition prize or other promotional use.