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CONDITIONS GÉNÉRALES

GENERAL CONDITIONS

Version of 16.06.2022

 

By registering with Yoga Flame and paying for the required services, you (the “Client”) will enter into a contract with Yoga Flame Sàrl (CH-358-637.015) or Yoga Flame GE (CH-CHE-222.432.001), Boulevard de Grancy 1 |1006 Lausanne CH resp. Galerie Jean Malbuisson 15 | 1205 Geneva, Switzerland, for the services of Yoga and Pilates classes, which are given for the most part. This contract is subject to a number of terms and conditions which are detailed below.

We therefore ask that you read the following carefully and agree to the contents of our terms and conditions before proceeding with your registration on bSport or directly at Yoga Flame studio.

Theʼusage of the masculine form in these terms and conditions is generic and refers to both women and men.

 

Purpose

Yoga Flame provides the vast majority of Yoga and Pilates class services to the Customer which the Customer agrees to pay for at the rate in effect at the time of payment.

 

Pricing

The price of each class is deducted from the amount paid in advance by the Customer in accordance with number 3 below, until the credit is exhausted.

The prices are given as an indication. Yoga Flame reserves the right to change them without prior notice. In the event of a price increase, the Customer will continue to benefit from the price in effect at the time of payment, until the corresponding credit is exhausted.

 

Payments

The courses can be paid in advance through the platform bSport or on the spot, before the beginning of the course by the Customer.

The courses are sold by unit, in package of 10x courses, 20x courses, 30x courses or in subscription of 1, 3, 6 or 12 months. The courses purchased are not refundable and the corresponding credit must be used by the Customer over a period of:

6 months maximum, starting from the date of the first visit for single courses and 10 course package. A maximum of 12 months from the date of the first visit for the 20- and 30-course packages.

For 1, 3, 6 and 12 month subscriptions, the subscription is effective from the date of the first visit. If the credit is not used within 12 months after purchase, the amount paid is definitively acquired by Yoga Flame at the end of this period without Yoga Flame still being obligated to provide the agreed upon Services to the Customer.

The Easy’12 subscription starts with the first class. This subscription is an annual subscription payable in 12 monthly installments. With the purchase of the first month of the Easy’12 membership, the Customer agrees to pay 12 monthly installments for a minimum of 12 months of membership. The Easy’12 subscription is automatically renewable from year to year. The Customer has the possibility to cancel the subscription from the 13th month onwards, by sending a written request for cancellation by email or post with a 30 day notice period for the cancellation to be effective. The full amount of these annual subscriptions is due to Yoga Flame. Monthly payments are due at the end of a month for the following month. If the person has a credit card already registered on the bSport platform, Yoga Flame reserves the right to generate an automatic payment in case of late payment. The only early termination accepted is in the case of a move more than 100km from the city where the membership was purchased. The request for early termination must be made by email or mail and must contain a certificate of departure from the city where the Customer lives or from his employer.

In times of pandemic, a weekly course limit may exceptionally be introduced for unlimited subscriptions. Subscriptions may be suspended for long periods of time depending on the health measures put in place by the authorities.

We also have a unique welcome offer for all new members which consists of unlimited access to all courses for 14 days. Once purchased, this offer goes into effect with the first class. If the credit is not used within 6 months of purchase, the amount paid will be forfeited to Yoga Flame at the end of that time without Yoga Flame being obligated to provide the Customer with the agreed upon Services.

Each Customer’s credit is non-refundable but can be passed on to a person of his/her choice to be communicated by email.

 

Suspension of subscriptions / packages

Six-month subscriptions may be suspended once for a maximum of two weeks and twelve-month subscriptions may be suspended up to four times for a maximum of four weeks in total.

All subscriptions and packages can be suspended for reasons of illness / accident with a medical certificate.

Any suspension must be done by email with a supporting document before the date of the beginning of the suspension. During a suspension, the subscription or package is completely suspended, including its payments and extended if necessary for the period of suspension.

 

Reservation and course schedule

All course reservations can be made in advance or directly on site, if availability permits, by the Customer. This reservation can be made online through the bSport system accessible via the website www.yogaflame.ch or directly with the studio.

No guarantee is given as to the availability of classes, reservations being honored according to their priority in time, nor as to the identity of the Yoga or Pilates teacher for a given class. The class schedule is subject to change at any time. The updated schedule on the bSport reservation system is authoritative.

All classes require a minimum of 5 participants. If the number of participants is not reached 12 hours before a morning class, the class will be cancelled. If the number of participants is not reached 12 hours before a lunch or evening class, the class will be cancelled.

Yoga Flame also reserves the right to deny access to the studio to a Client who does not respect the studio environment or to remove a Client from the studio during a Yoga or Pilates class if the Client would interfere with the practice of other participants.

 

Cancellation of classes and delays

A reservation can be cancelled with a minimum of 5 hours notice. In case of cancellation without observing this time limit, for packages, the class will be credited. For all other subscriptions, the following measures will be applied in the case of a fully booked course (+30 people).

For any Customer who registers for a course and does not respect the cancellation time during a sold out course, the Customer will receive an email and will have his bSport account blocked for 7 days.

The blocked account leaves all the same the right to come to practice to the studio and restricts only of the possibility of reserving a course on line.

If the Customer wishes to unblock his account, he will have to do it directly at the reception of the studio by paying a penalty to unblock his account of CHF 25.

This is to prevent another Client from being able to book a fully booked course.

Any cancellation in advance or delay which is not carried out by Customer via the platform bSport, is null.

In the event that the Customer does not prefer to abide by this cancellation policy. The Customer is entitled not to register for a course. In this case, the customer takes the risk to arrive at a cancelled or full course.

The client should ideally arrive 10-15 minutes, at the latest, two minutes before the start of a class. If this is not respected, Yoga Flame reserves the right to assign a space reserved by the Client to another Client in waiting. The studio will be locked once the class begins on time. Any delay will also result in a late cancellation.

 

Information on the health of the Customer

The classes offered by Yoga Flame are not medical training. As with any physical training, there are a number of health risks, which the Customer acknowledges and accepts.

These risks may be increased by the existence of factors related to the Customer’s health. For this reason, Yoga Flame can only agree to provide the services to the Customer on the express condition that the Customer

– informs Yoga Flame, at the latest during the first class, if he/she suffers from a heart, respiratory or joint condition;

– spontaneously informs Yoga Flame of any other circumstances relevant to the Customerʼs health or medical history (including cosmetic surgery) that may affect or be affected by the classes offered by Yoga Flame;

– immediately inform Yoga Flame of any changes in the situation resulting from the information initially provided in accordance with the above.

In case of doubt, it is the Customer’s responsibility to consult a physician of his or her choice at his or her own expense before making the first payment to clarify his or her suitability for Yoga Flame’s physical training and to inquire about any relevant circumstances that may be unknown to him or her.

It is the sole responsibility of pregnant women to determine with their doctor whether a Yoga or Pilates class in a room heated to 33°C to 38°C is feasible as the pregnancy progresses.

The Client must carefully follow the instructions given by the Yoga teacher during each class. In case of discomfort, shortness of breath, dizziness, heart rate fluctuations, muscle pain or any other physical symptoms during a class, the Client agrees to spontaneously stop the exercise and immediately inform the yoga teacher.

Yoga Flame shall not be liable for any injury to the Customer’s health resulting from the Customer’s failure to comply with the foregoing obligations.

 

Liability

In its relationship with the Client, Yoga Flame generally disclaims all liability, except for damages caused intentionally or by gross negligence.

Yoga and Pilates classes given in a heated room between 33°C and 38°C include physical exercises, relaxation and relief of muscle tension. As with any physical activity, the risk of injury is always present and cannot be completely eliminated. Therefore, the Client confirms that he/she is fully responsible for any injury that may occur during the course. The Client agrees to follow the instructions presented during the class and to practice at a level of intensity appropriate to him/her.

Classes are not a substitute for medical treatment, diagnosis or examination and are not recommended under certain conditions. The Client decides of his/her own free will whether he/she is fit to take the classes. The client waives all claims against Yoga Flame for the Yoga and Pilates classes, whether they are held in a heated or unheated room.

The Client is also solely responsible for the safety and integrity of any personal belongings that he/she brings with him/her to the class and/or leaves in the locker room.

 

Electronic communications

The registration process, payments involved, as well as reservations for classes, can be made online through the bSport system accessible via the website www.yogaflame.ch. The electronic communications exchanged in these regards between the Customer and Yoga Flame in the bSport system accessible via the website www.yogaflame.ch are secure. However, it is not possible to absolutely guarantee that they cannot be intercepted by third parties. The attention of the Customer is drawn to the fact that registration, payment and booking of courses are also possible at the studio. By continuing with online registration, payment or booking in the bSport system accessible via the website www.yogaflame.ch, the Customer accepts the risk inherent in this type of communication.

Yoga Flame’s preferred form of communication with the Customer is by email. E-mails exchanged between Yoga Flame and Customer under these terms and conditions will not be secure. It is therefore possible that these communications could be intercepted by third parties. As a result of the registration process, Customer has the option to decline any communication from Yoga Flame via email. If Customer does not do so, or if, having done so, Customer nevertheless communicates with Yoga Flame by email, Customer accepts the risk inherent in such communications.

 

Data Protection

During the registration process and in the course of the relationship that may result, Yoga Flame collects a certain amount of personal information about the Customer (including name, address, telephone number, date of birth, gender, occupation, username, password and answer to a security question for online services in the bSport system accessible via www. yogaflame.ch, the e-mail address, information on the state of health of the Customer, the number, the expiry date and the possible security codes of the credit card of the Customer, the IP address of the computer used by the Customer to connect to the system bSport accessible via the site www.yogaflame.ch.)

This collection takes place during the registration of the Customer, through the bSport system accessible via the website www.yogaflame.ch or at the studio, during payments made by the Customer, in relation to discussions between the Customer and representatives of Yoga Flame in person, by telephone, mail, email or other means of communication, as well as during the participation of the Customer in the courses.

The information collected is used by Yoga Flame, among other things, to manage the relationship with the Customer (payments, reservations, organization of classes, etc.), to tailor the Services to the Customer, to verify the identity of the Customer, to conduct market research, to send information and other communications to the Customer (unless the Customer has indicated that he/she does not wish to receive them, which he/she has the option of doing during the registration process).

Customer personal data is processed through the bSport software platform, hosted in France and complying with the common European data protection rules established GDPR.

Yoga Flame will not under any circumstances disclose any personal data relating to the Customer to any third party, unless required to do so by law or by the decision of a competent authority.

For the purpose of using the services of the bSport system accessible via the www.yogaflame.ch website (information, registration, payment, course reservation, etc.), it is possible that the IP address of the Customer is automatically recorded on the bSport server, for identification and statistical purposes, and that information is automatically stored on the Customer’s computer, in the form of “cookies”, in order to facilitate the use of the bSport system accessible via the www.yogaflame.ch website and to improve the quality of service.

Yoga Flame may take photos and videos at the studio for marketing purposes and for their Yoga Flame Academy platform. Yoga Flame has complete freedom in the choice of images, editing and possible cuts subject to the respect of the image of the Customer.

 

 

Applicable law and competent courts in case of dispute

Swiss domestic law is exclusively applicable. In case of dispute, Yoga Flame and the Customer submit to the exclusive jurisdiction of the competent ordinary courts in Lausanne (VD)

The sources of the general conditions are in French. In case of discrepancy between the English and French versions, only the French version is valid.

 

 

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