Definitions

• The terms ‘participant/s’, ‘student/s’, ‘client/s’, ‘yogi/s’ ‘individual’, ‘you’, ‘your’ ‘I’ and ‘myself’ shall all refer to the Client.
• The term ‘yoga therapist’, ‘therapist’ or ‘instructor’, ‘facilitator/s’, ‘studio’ or ‘organiser/s refers to refers to Baobab Yoga Therapy.
• Released Party means Baobab Yoga Therapy, any employees, teachers, representatives, partners, affiliates, agents and/or any associated brands/companies/persons that Baobab Yoga Therapy works with/for, whether existing, currently in the process of being contracted, or contracted in the future.
• All reference/s to ‘Activities’, whether in the singular or plural form, shall be construed as referring to all and any services, including yoga and/or yoga therapy classes/sessions, workshops, retreats and/or other activities or events that are delivered, operated, organized, arranged, and/or sponsored by Baobab Yoga Therapy, and/or which in any way involve Baobab Yoga Therapy and/or any of the Released Parties. The interpretation of this Agreement shall not be affected by whether ‘Activities’ is used in singular or plural form.

Safety

1. Upon scheduling your first appointment, you will receive an email with Baobab Yoga Therapy’s enrolment form. This form must be completed, signed, and returned by email before your first session in order to proceed. Completing the form allows us to personalize your initial session to better meet your needs, while also ensuring that you are fully informed of the relevant precautions, terms, and conditions.
2. By participating in Baobab Yoga Therapy’s Activities, you certify that the information supplied in any form as requested by the studio or during the sessions, is true and complete, that you have not withheld any important facts, concerns or medical issues that may impend your health and safety and/or that of others (where applicable) during your Activities, and that you have provided the required information to the best of your ability.
3. You consent to the Yoga Therapist seeking and obtaining medical clarifications concerning your health from your doctors/specialists, following discussion and consent, and/or in the best interest of your health as may be required from time to time.
4. For your safety, please ensure that any necessary medication (e.g., inhaler, insulin, etc.) is kept nearby during the Activities, based on your specific health needs..
5. You understand that the yoga therapist is currently completing further training, working under the close supervision of certified professionals from The Yoga Therapy Institute. You understand, however, that she is a fully certified yoga instructor who is currently completing more detailed training to specialize in therapeutic practices and advanced techniques.
6. You understand that any personal/medical information you provide to the yoga therapist, may be anonymously shared with the faculty of The Yoga Therapy Institute for educational purposes.
7. You understand that the yoga therapist relies on the information provided by you for a safe practice.

Release and Waiver of Liability

8. You understand that it is your responsibility to consult with your physician prior to and regarding your participation in the Activities. By participating, you represent and warrant that:
   • You are in sufficient physical and mental health and do not suffer from any condition that would prevent you from participating in any of the Activities, particularly, although not limited to yoga and/or yoga therapy.
   • You have sought your doctor’s advice regarding and before participating in the Activities and that your participation in the Activities follows your doctor’s approval.
   • Any injuries and/or medical conditions which may directly or indirectly influence your participation in the Activities have all been disclosed in the respective forms and during sessions, and will continue to be disclosed during the sessions as needed.
   • You undertake and acknowledge your responsibility to inform Baobab Yoga Therapy and/or any of its associated affiliates noted herein of any changes to your medical condition at any and all times, whether related to the information provided on the client enrolment forms, discussed during initial sessions, or disclosed at any point during future sessions.
   • You confirm your understanding that participation in any of the Activities, particularly, although not limited to yoga and/or yoga therapy, is not recommended and is not safe under certain medical conditions, and that therefore you take full responsibility for engaging in any of the Activities.
   • You agree to take on the recommendations of the Yoga Therapist when any of the Activities are not in her reasonable judgement, advisable and/or recommended under certain conditions/circumstances. As is the case with any physical activity, you recognize that the Activities, whether yoga (therapy) or otherwise, may involve physical exertion which may be strenuous. While every effort will be made by the Yoga Therapist to ensure the practice is as safe as possible, you acknowledge that the risk of injury, including serious conditions such as strokes, heart attacks, or other unforeseen events, cannot be entirely eliminated. You recognize that such incidents, while rare, may occur despite precautions and cannot be attributed to the therapist’s actions.

9. You understand that you will receive information and instruction including verbal, visual, audible and/or physical cues and adjustments about yoga and health and/or any of the Activities, which you opt into and that despite such information, instruction, cues and adjustments, you must nonetheless judge your own capabilities and/or restrictions at all times with respect to practicing yoga (therapy) and/or any of the Activities. You take full responsibility to exercise discretion as to how far you should go during practice, informing the yoga therapist as needed when a pose or practice causes you discomfort and/or pain, so that the yoga therapist can adjust the practice and/or assist you accordingly. You understand that this may at times require that the Activities are stopped altogether for your own safety.
10. You understand that physical assists and cues, as well as verbal/visual/audible cues, are intended to allow you, the Client, to make informed, reasoned and self-empowered decisions regarding the correct use of methods and techniques during the Activities. You understand further that such assists and cues are intended to direct your physical and mental body accordingly, and to allow for improved proprioceptive awareness and/or self-awareness. You consent to all such cues and assists, with the understanding that you can make changes to such consent on any given day and at any given moment, giving prior notice to the yoga therapist ahead of/during the session.
11. You acknowledge that the Activities, particularly but not limited to yoga and/or yoga therapy, are not a substitute for medical attention, examination, diagnosis, and/or treatment. Baobab Yoga Therapy and/or any Released Party have not and will not render any medical services, including diagnoses and/or advice about your physical condition, except within the scope of the Activities and their professional remit. While rare, you understand that participating in the Activities may involve some inherent risks, including but not limited to physical injury, psychological distress, or aggravation of pre-existing conditions. In even rarer cases, more serious consequences, such as long-term injury or other unforeseen outcomes, may occur.
    • by any and all acts or omissions, on your part, the Yoga Therapist and/or that of a Released Party, now or in the future whether:
      • Negligent, intentional or otherwise
      • Arising from participation in the Activities or the use (or lack of use) of equipment, facilities, props, or apparatus, whether owned by the Yoga Therapist or otherwise. This includes but is not limited to any risks related to un/disclosed injuries and/or medical conditions, whether occurring on or off the studio premises.

In brief, you understand that the yoga therapist cannot provide you with a medical diagnosis, you understand that the Activities are not a replacement for medical care, and you confirm that you will not hold Baobab Yoga Therapy and/or any of its Released Parties as noted hereabove, liable for anything as also noted herein.

12. You assume the risk and accept full responsibility for your use or lack of use, of any equipment, apparatus, props, appliances, facilities and/or service/s of any nature, owned, leased, operated, arranged, and/or sponsored by Baobab Yoga Therapy or any Released Party as noted herein.
13. If medical care is needed, you consent to that care if you are unable to give your consent for any reason at the time that the care is needed and rendered to you. You also understand that you are responsible for any medical expenses incurred as a result of such treatment. Notwithstanding, you acknowledge that while every effort will be made to provide medical care as needed, Baobab Yoga Therapy and/or its affiliates as noted herein shall not be responsible for any delayed or unavailable medical assistance during emergencies.
14. You, on behalf of yourself, your heirs, next of kin, executors, administrators, assigns, and/or representatives, undertake to release, waive, and forever discharge Baobab Yoga Therapy and/or any Released Party with whom Baobab Yoga Therapy works, whether now or in the future, from all and any risks, losses, costs, claims, demands, faults, judgments, legal expenses, lawsuits, injuries, disabilities, damages, liabilities, or causes/rights of action of any kind whatsoever, including any unforeseen or severe outcomes that may arise from your participation in the Activities. You further agree that at no point will Baobab Yoga Therapy, and/or any Released Parties be sued and/or prosecuted in connection with any matter covered by this waiver. You, your heirs, next of kin, executors, administrators, assigns, and/or representatives agree that should any of the above arise, Baobab Yoga Therapy, and/or any Released Parties whom  Baobab Yoga Therapy works with, will be forever indemnified and held harmless against all and any risks, losses, costs, claims, demands, judgements, faults, legal expenses, lawsuits, injuries, disabilities, damages, liabilities, cause/rights of action of any kind whatsoever, including any unforeseen or severe outcomes, known or unknown, which might be incurred and/or sustained as a result of participating in any of the Activities.

15. By participating, you understand that Baobab Yoga Therapy and/or its Released Parties may occasionally produce still photographs, personal narratives, interviews and/or audio or video recordings for marketing purposes. In accordance with the consent (or lack thereof) provided on your enrolment form, you grant Baobab Yoga Therapy, its assignees, affiliates, and/or Released Parties the unrestricted right to use, reproduce, and distribute any material featuring your participation for promotional, commercial, and marketing purposes, without compensation. This permission applies worldwide, across all platforms, including the internet, and remains valid indefinitely. While Baobab Yoga Therapy will make reasonable efforts to provide you with the opportunity to review and approve promotional or marketing content in advance, this is not obligatory if consent has already been granted. You also acknowledge that Baobab Yoga Therapy is committed to upholding its Privacy Policy at all times.
16. Still photographs, personal narratives, interviews and/or audio or video recordings depicting Baobab Yoga Therapy, any of the above-mentioned affiliates and/or Released Parties by the Client, shall not be permitted, unless with the expressed and written consent of the same.
17. Where applicable, the parent or legal guardian signing the enrolment form on behalf of the Client confirms that they have obtained the necessary approval from the Client’s physician and any relevant legal guardians for participation in the Activities. By providing consent, the parent and/or legal guardian assumes full responsibility for all terms outlined herein, including but not limited to prerequisites, updates, and future developments. This includes releasing Baobab Yoga Therapy and/or its Released Parties, whether existing or future, from any liability as specified above.
18. Should Activities involving both the parent/legal guardian and the Client be required based on the Client’s needs, you, as the parent/legal guardian acknowledge and agree to the above and all clauses noted within, and undertake the same and full responsibility as noted for the Client, also for yourself with all clauses applying accordingly. You also acknowledge and accept that you will need to be considered as a Client in your own right for your own safety as well, with a separate Client registration form and payment applying accordingly.

Terms and Conditions

19. The heading of each sub-section shall have no impact on the implications of the clauses noted within.
20. Participation by the parent/legal guardian of the Client in any of the Activities, can only be accepted for that parent/legal guardian who signs the enrolment form and related clauses. Should more than one parent/legal guardian wish to participate, then that additional parent/ legal guardian must also complete and sign the respective Client registration form, with the approval of the other guardian and the Client, as applicable.
21. All applicable fees, including cancellation fees (where applicable) shall be paid, and on time.
22. All purchases are final. Baobab Yoga Therapy does not offer refunds on Activities, products and/or associated package passes / vouchers for change of mind, cancellations outside of the permitted period, change of address, expiry or any other such reasons, unless for reasons stipulated herein, in line with clause 32 and/or on a case-by-case, with Baobab Yoga Therapy having full discretion on such decision. Where yoga therapy clients are concerned, in the event of illness and/or injury, Baobab Yoga Therapy together with the Client will discuss scheduling forthcoming sessions in the best interest of the Client’s health and safety, subject to such cancellation and postponement being within reason, with Baobab Yoga Therapy having full discretion on such decision. Where in doubt, the Client may be requested to provide a doctor’s certificate to justify the cancellation and/or duration of postponement, also in the best interest of the Client’s health and safety.
23. Fees may increase from time to time, and this may be subject to change with/without prior notice, depending on the circumstances at hand, although Baobab Yoga Therapy shall make every effort to advise the Client beforehand.
24. Gift cards (vouchers) can be redeemed for classes, memberships, products, services, events and/or activities offered solely by Baobab Yoga Therapy and thus cannot be redeemed for any classes, memberships, products, services, activities and/or events offered in collaboration with any other party. They are not redeemable for cash nor transferable.
25. To register for or purchase a product and/or services/Activity from Baobab Yoga Therapy and/or any associated affiliates as noted herein, whether existing or in the future, an individual must be sixteen (16) years of age or over. The individual must ensure that the details provided upon registration or at any time thereafter are correct and complete. For individuals under eighteen (18) years of age, a parent’s/legal guardian’s consent will be required before a transaction can be held, although exceptions may apply where the terms and conditions are not determined by Baobab Yoga Therapy and for some products/services/Activities that are not considered potentially harmful, subject to Baobab Yoga Therapy having full discretion over such decision. By participating, the parent/legal guardian (where applicable) of the individual in question agrees to this and all other clauses.
26. Students, parents and/or legal guardians must advise Baobab Yoga Therapy of any cancellations at least 24 hours before the Activity starts, unless stated otherwise in a different agreement. Failure to notify the studio and/or instructor within this time frame will result in a cancellation fee equal to value of the Activity originally subscribed to (unless otherwise agreed upon in a different arrangement). The Client, or the parent, or legal guardian (where applicable) will be required to pay the cancellation fee during their next visit, and no later than two (2) weeks from the original scheduled session. For pre-paid Activities, these will be marked and/or stamped as having been utilised, and no refunds will apply, except for reasons of serious injury and/or illness as noted herein, with certification of the same being indicated accordingly.
27. Baobab Yoga Therapy and Released Parties reserve the right to cancel Activities with/without sufficient notice, although Baobab Yoga Therapy and Released Parties make every effort to inform clients beforehand.
28. Every possible effort is made to deliver Activities on time and as advertised. However, the schedule, instructor, location and/or content of Activities may be subject to change or cancellation without sufficient notice. In such instance, Baobab Yoga Therapy shall refund, transfer or postpone the said Activities, unless an alternative instructor with equal/similar experience and competence, is provided with Baobab Yoga Therapy having full discretion on the decision related to the same. In the event of insufficient client enrolment for mainstream yoga classes, clause 32 shall apply.  
29. For all yoga (therapy) classes, the studio opens fifteen (15) minutes before class and closes fifteen (15) minutes after class. The door to the studio is locked at the beginning of each class for safety and security reasons. Therefore, late entry and/or leaving class early is discouraged in group sessions, both for safety and security purposes and also as a sign of respect to other fellow yogis, unless early departure is needed for one’s own health and safety purposes, in which case, Clients are expected to inform the instructor and leave class as discreetly as possible. In one-to-one sessions, classes are adapted according to the needs of the Student/Client and thus the yoga therapist and the Client will discuss the individual’s needs as they arise. 
30. Baobab Yoga Therapy reserves the right to refuse entry of a student to any of its Activities, in part or in full. In such Instances, the decision on whether a refund or a re-scheduling of the Activities is permitted, shall remain at the discretion of Baobab Yoga Therapy. Baobab Yoga therapy may refuse to provide any refund or opportunity to re-schedule, depending on the circumstances at hand with Baobab Yoga Therapy having full discretion on such decision.
31. All passes, pre-paid sessions and memberships are non-transferable and cannot be shared. Baobab Yoga Therapy reserves the right to deny entry to any Students/parents/ legal guardians caught sharing/transferring memberships, pre-paid sessions and/or passes and any pre-purchased packages, classes and/or Activities will be forfeited as a result thereof.
32. Expiry dates apply for any pre-paid package passes:
    • Five class package passes expire within two (2) months from the date of purchase.
    • Seven class packages expire within Ten (10) weeks from the date of purchase.
    • Ten class packages expire within three (3) months from the date of purchase.
    • Twenty class packages expire within six (6) months from the date of purchase.
    • No refunds, transfers, or suspensions will be provided for unused portions of pre-purchased packages and/or Activities, except under the following circumstances:
      • Injuries and/or illness as outlined in the relevant sections of these Terms & Conditions, where the same terms apply.
      • Insufficient enrolment.
      • A different agreement is entered into as may be applicable from time to time
    • Cancellations, change of address, expiry or any other such reason shall be dealt with as detailed in clause 22. Vacations shall not be eligible for refund, transfer or postponement of pre-purchased packages and/or Activities.
33. Class passes are to be used solely for class purposes and cannot be redeemed for workshops, retreats or other special events.
34. Mainstream yoga classes require a minimum attendance of three (3) participants for the class to be held. Insufficient enrolment may result in the cancellation or rescheduling of the session. Participants must register for the class in advance and by no later than twenty-four (24) hours before the scheduled class, through the designated platforms. Confirmation of the class will be sent to registered participants via email. In the event of cancellation or rescheduling due to insufficient enrolment, registered participants will have the option to transfer their registration for that individual class to a future class or receive a full refund for the individual class in question. Refunds for insufficient enrolment, will be issued within a maximum of seven (7) days from cancellation or rescheduling. In the case of package passes, the expiry date will be adjusted accordingly. Cancellations or rescheduling pertain exclusively to the specific class in question; no refunds for remaining classes within the package will be issued, To mitigate the risk of class cancellations and/or rescheduling, clients are encouraged to utilise any applicable offers that may apply from time to time, such as the refer a friend offer, which is subject to its own T&Cs: https://www.facebook.com/reel/1275324440090379 
35. Clients agree to act responsibly and respectfully towards the Yoga Therapist and/or other participants where applicable.
36. Clients agree to read through the Community Guidelines / Studio Etiquette.
37. Clients understand that they are solely responsible for their personal belongings during the Activities and that neither the Yoga therapist, Baobab Yoga Therapy, premises owners, Released Parties nor other participants will be held responsible/liable.
38. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
39. The failure to enforce any clause herein shall not affect the enforceability of other clauses within this these Terms and Conditions, nor shall the failure to enforce any clause on one occasion preclude enforcement on any other occasion

Privacy & Security Policy

40. Baobab Yoga Therapy is committed to data protection, general personal data regulations and data security.
41. Baobab Yoga Therapy processes (sensitive) personal data in compliance with data protection legislation and with the General Data Protection Regulations (GDPR) as fully set out in the studio’s Privacy Policy. This is done to ensure the protection and security of Baobab Yoga Therapy’s Clients and their (sensitive) personal data. Students, parents and/or legal guardians may request a copy of such privacy policy at any time in hard copy form and/or they may access the policy through our online platforms.
42. Personally identifiable information about Clients is kept secure, although photographs, personal narratives, interviews and/or audio or video recordings depicting participation may be used as indicated in clause 15 above.
43. Only authorized persons have access to personal information, and this shall be used on a need-to-know basis only for the purpose of the Activities. Such disclosure would be to ensure the safe practice for the Client.
44. All emails and newsletters allow Students to opt out of further mailings.
45. Baobab Yoga Therapy will never sell, trade, rent, exchange or otherwise share personal information with any other person, company and/or organization without Students’ and/or their parent’s/ legal guardian’s consent, in line with the Privacy Policy.