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GENERAL TERMS AND CONDITIONS:  MYYOGA DEN HAAG BV

General

These are the general terms and conditions that apply to the formation and execution of all agreements concluded between MyYoga Den Haag BV and users of the facilities and services of MyYoga Den Haag BV. The general terms and conditions also contain rules for the use of the facilities of MyYoga Den Haag and apply as internal regulations. The specific conditions for online sales are in separate terms and conditions.

Definitions

  1. “MyYoga” is the form of hatha yoga that is practiced in a room heated to about 40 degrees Celsius where a lesson of 60 – 90 minutes consists of 26 postures and 2 breathing exercises in a fixed sequence.
  2. “Other yoga” is any other yoga related class that is performed at MyYoga Den Haag BV or any external facility or location.
  3. “MYYO” is the abbreviation of the private limited liability company MyYoga Den Haag BV.
  4. “Lesson” is a lesson offered by MYYO in yoga in it’s studio, online virtual, outside or external location.
  5. “Studio” is the space where MYYO offers its lessons.
  6. “Participant” is the natural person who does not act in the exercise of a profession or business and enters into an agreement with regard to the lessons offered by MYYO. In order to be considered as a participant, it is required that the person concerned has filled in a Registration card from MYYO and that this registration has subsequently been accepted by MYYO and has a valid lesson card.
  7. “Registration card” is the registration form (on paper or electronically) that the person who wants to take part in the lessons of MYYO has to fill in completely before he can participate in a first lesson.
  8. “Lesson card” is the registration by MYYO of the number of lessons that the participant can follow during a fixed period.
  9. “Tuition” is the amount that the participant owes for the lesson card.
  10. “Single lesson or drop-in lesson” is registration by MYYO with which the participant can only follow lessons offered on one registered day.
  11. “Auto Pay Membership” is registration by MYYO with which the participant agrees to pay by automatic monthly payments direct from their bank or using a valid credit card and can only follow monthly unlimited lessons offered on the schedule, terms of each contract are included in the contract which the students signs and keeps a copy upon 1st payment.
  12. “General conditions” are the present general terms and conditions and form part of every agreement (s) concluded by the participant with MYYO. They are published on the MYYO website. In the case of online sales, the general terms and conditions on the website are explicitly stated and when placing an order the customer and / or participant accepts the general conditions. MYYO reserves the right to change these general terms and conditions in the interim if this is necessary for its business operations. Changes are published on the MYYO website. Participants are expected to visit this website to take note of any changes.
  13. “Website” is: www.bikramnl.nl.
  14. “Virtual online lesson” is any lesson that is given by a teacher of MYYO and registered only through the MYYO software (mindbodyonline)

Participation

  1. Participation in the lessons is possible after a registration card has been filled in, this has been accepted by MYYO and a lesson card has been paid.
  2. Acceptance of participation is complete and only at the discretion of MYYO.
  3. Participation is no longer possible after the validity period of the lesson card has expired or otherwise the possibility of participation in accordance with the general conditions has ended.
  4. The participant is obliged to pass any interim changes of address and / or e-mail to MYYO.
  5. For determining the end date of the lesson cards (including some lesson cards), the starting date is not the date of purchase, but the date on which the (first) lesson with the relevant card is followed.
  6. A lesson card in any form is strictly personal and not transferable.
  7. MYYO reserves the right to refuse a participant access to the studio and / or participation in the classes (temporarily or otherwise) and / or not to extend a lesson card or lesson plans if the person in question violates the general terms and conditions, including the household rules, acts and / or relevant person violates the (other) interests of MYYO, including the interests of other participants. In the event of temporary or no termination of participation on the aforementioned grounds, all rights associated with the relevant lesson card will expire. The relevant person is not entitled to a refund of the (remaining) tuition fees in relevant cases.
  8. Information about the types of lesson cards and their prices is available in the studio (s) and will be listed on the website. MYYO has the right to change the types of lesson cards and their prices at any time. Price adjustments do not apply to lesson cards already provided.
  9. If the Dutch legislation does provide for this, there is no entitlement to substitution of tuition fees other than for cases in which the general terms and conditions expressly allow this.
  10. MYYO has the right to adjust and change teaching times at its own discretion. These changes will be published on the website and, as far as possible, indicated in the studio (s). Participants are expected to consult the website before taking part in a lesson.

Use of the facilities of the studio

  1. The provisions included in this article are rules for the use of the studio and as such apply as internal regulations. MYYO reserves the right to draw up (additional) rules of procedure separate from these general terms and conditions that are binding on all participants and users of the MYYO facilities. This (additional) regulation will be clearly available in the studio.
  2. A participant is entitled during the opening hours of the studio to make use of the offered facilities and / or lessons subject to the right of MYYO to close the studio partly or entirely for lessons and use otherwise if this is necessary for cleaning, maintenance work and / or other reasons in the interests of the studio or MYYO.
  3. MYYO reserves the right to adapt the lesson schedule and / or the teaching periods and / or the layout of the teachers.
  4. Lessons start at exactly the indicated times. Participants must be present well in advance so that there is sufficient time to change and enter the yoga room before the class starts. If students are repeatedly late they can be asked to leave by the teacher and not attend the class. No compensation for the student is allowed for such an incident.
  5. No Show Policy – We want to accommodate everyone who wants to practice, therefor we encourage people to register in advance on line for lessons to ensure they have a spot. However, if the student does not arrive at least 5 minutes before the lesson starts they will be removed from the class and priority will be given to those physically present at the studio to take class. If the student reserves and does not show up and does not contact us prior to the start of the lesson, the student will be charge a €5 no show penalty.
  6. Participants under the age of 16 may only participate in classes and / or make use of other facilities of the studio if they are accompanied by an adult and have been explicitly granted prior permission from MYYO.
  7. The lessons are physically strenuous and are given in a room that is continuously heated to 40 degrees Celsius throughout the lesson. Before taking part in a lesson, the participant must inform himself of what the lessons entail to determine whether he / she is able to participate in a lesson. To this end, the participant must consult the website and if further information is desired, contact MYYO’s teachers.
  8. The teachers of MYYO have no medical training. They can therefore not determine whether a participant is physically or otherwise suitable to take part in the lessons. Participants who have doubts about this should first seek advice from a doctor on whether participation in the lessons is hazardous to their health.
  9. The participant follows the lessons at his own risk. The participant declares by filling out the registration card that he / she is in good physical condition and that he / she is not familiar with any medical indication that he / she must be deemed not to be able to take lessons. ) to participate and / or that the lessons can have a negative influence on the health and / or physical condition of the participant. The aforementioned statement applies to every time the participant participates in classes. If there is a change in the physical and / or medical situation of the participant that influences this statement, the participant must inform MYYO of this immediately and prior to the lesson (s). If the participant is under medical treatment, he / she must discuss the participation in the class (s) with his / her practitioner. This also applies in particular to participants who have undergone (recent) surgery, are pregnant and / or have chronic health complaints.
  10. It is not allowed to participate in classes under the influence of alcohol and / or drugs and / or when using medicines.
  11. The participant must strictly follow the instructions of the teachers and other employees of MYYO before, during and after the lesson (s).
  12. The participant is not allowed, unless with and after explicit permission and instruction from MYYO, to do more and / or other yoga exercises before, during or after the lesson (s) in the studio. If the participant does so without the aforementioned permission, any damage and / or injury resulting therefrom will be for the account and risk of the participant without this leading to any (shared) liability of MYYO.
  13. During the lessons the studio is locked. There are lockers provided in the changing rooms.
  14. Participants should only wear clothing that suits the lessons during the lessons. MYYO reserves the right to refuse participation if the participant does not wear the appropriate clothing, and so on for assessment by the employees of MYYO. The participant can at all times ask the employees of MYYO advice about which clothing is suitable. Underwear and lingerie are not considered suitable by MYYO.
  15. During the lesson, drinks other than water (without carbon dioxide) are not allowed. Eating during the lesson is not allowed.
  16. It is not allowed to wear footwear from outside in the changing room and the room where the lessons are given. The participant must take off his / her footwear in the reception of the studio before entering the dressing room.
  17. During the lessons, the participant must have a MYYO approved yoga mat and towel. The towel must cover the entire yoga mat during the lesson.
  18. It is strictly forbidden to smoke and / or drink alcoholic beverages throughout the studio at all times.
  19. The participant declares to sign the registration card with MYYO’s by-laws and / or (other) reasonable guidelines issued by or on behalf of MYYO regarding the safety of the participants and / or the business operations of MYYO (whether or not in writing) given, whether or not in an additional set of rules.

Liability

  1. MYYO strongly advices the participant not to take any valuable items (such as, but not limited to, jewellery and money) to the studio. The leaving of property (including clothing) by the participant in the dressing room or other space in the studio before, during or after the lesson is at the participant’s own risk. MYYO and / or its employees and / or the auxiliary persons engaged by it are not liable for loss and / or damage and / or theft of any property of the participant in or outside the studio unless this loss, this theft and / or damage the direct consequence of intent or gross negligence on the part of MYYO, its employees and / or the auxiliary persons engaged by it.
  2. Participant’s items that are found or deliberately left behind in the studio are collected by MYYO and stored for 4 weeks. After these 4 weeks these items will be thrown out or given away by MYYO without any right to compensation for the participant or liability otherwise for MYYO .
  3. MYYO and / or its employees and / or the auxiliary persons engaged by it are not liable for (the consequences of) death, injury or illness of a participant during a lesson and / or in the studio and / or otherwise during or through the use of the MYYO facilities unless this death, this illness and / or this injury is a direct consequence of intentional or seriously negligent behavior by MYYO and / or its employees and / or auxiliary agents engaged by it.
  4. MYYO is not liable for any damage resulting from adjustment of the teaching times and / or the failure of classes for any reason whatsoever.
  5. Liability of MYYOand / or its employees is limited to the amount of the liability insurance paid by MYYO in this case.
  6. Participant assumes responsibility that they are participating in virtual lessons in good health and that MYYO is not responsible for the physical space the participant is practicing in.

Privacy

MYYO will only process the (personal) data of the participant in accordance with its privacy policy. The website contains a privacy statement.

Privacy Statement

At MyYoga Den Haag we respect your privacy and understand how important it is that your personal information remains secure.

We never have and will not share or reveal information about you without your permission and will never disclose your attendance at a class, workshop, retreat or training course or other activity we arrange unless we are required to do so for legal reasons or by the emergency services.

We hope that this statement answers any questions you may have regarding our care of your information but if you have any further questions please contact:
Lydia Wright
Director
lydia@bikramnl.com

What information does MYYO collect about me?

In order for you to attend classes, workshops, retreats or clinics we ask for the following information:

First and last name
Address
Phone number
Email address
Previous yoga experience
How you heard about us
If you speak Dutch and/or English
Why does MYYO collect this information?

This information helps us to know who you are and not get your purchases mixed up with anyone else. We ask for your email for identification purposes but also as way to contact you for these purposes:

  1. Account Management: Update notifications regarding any contracts or AutoPays (from MindBody)
  2. Schedule Updates: Notifications regarding services students have preregistered or reserved for in advance.
  3. Newletters & Promotions: This included reminders about expiry dates and lessons remaining on lesson cards.
    1. All emails listed above 1 – 3 all include a clear “unsubscribe” button at the bottom of each email
    2. For emails 1 -3, the student must give express consent to receive, which is asked on the registration form. Or the bottom of each auto email provides a link to these communication preferences. Or can be done by asking staff to change at the studio.
  4. Purchase Receipts & Password resets
  5. Personal Direct contact emails from @myyoga.nl: can be concerning but not limited to: lost and forgotten items at the studio, addressing account issues, behavior issues.

Should you have any questions concerning your personal information you can always email lydia@bikramnl.com.

How is my personal information collected and stored?

In order to participate in an activity it is required to fill in a registration card at the yoga studio or online. This card is scanned and attached to your account as a PDF or JPG file. These physical cards are stored at MYYO for a period of 7 years and then disposed of by means of a legitimate shredding services company.

Your digital account is stored in our business software, hosted and maintained by MindBodyOnline (see MB privacy policy). MindBodyOnline ensures that they are EU GDPR compliant and do not share your personal information with any third party.

When you attend a class or event at MYYO you are asked to write your name in our sign-in books so we can register your visit with us. These books are kept at the yoga studio in a secure location and are only available for current employees of MYYO to review.

When we do send a newsletter via BrandBot we use only your name and email address.

The right to be forgotten

You have the right to be ‘forgotten’, which means that if you request us to, we will remove all the data that we hold on you from our systems. Complete removal of information from our systems will result in the loss of all historic data. If you decide to contact MyYoga Den Haag at a later date it may be necessary to ask you to provide information you previously gave us.

If you have attended one of our activities (class, workshop, retreat, training etc..) we are required to retain your details for seven years after participation has ceased. After this time we will securely delete or dispose of them.

How can I see what information you hold on me?

Under the Data Protection Act 1998 and the General Data Protection Regulation (which will be effective from May 2018) you can request a report detailing the information we hold about you. To obtain a report, please write to:
Lydia Wright

lydia@bikramnl.com

We aim to issue an initial response to all enquiries within five working days, and will offer a full response to all information access requests within a month. If we require additional time we will keep you informed.
The following information will be required before access is granted:

Your full name and contact details
Your relationship to MyYoga Den Haag
A copy of your passport or national ID card
Reports will be sent by post. We reserve the right to charge a reasonable admin fee for additional copies of the same information.

Cookies on the myyoga.nl website

Our website uses cookies – small text files that are placed on your device to provide you with a better user experience when using our site. In general, cookies are used to retain user preferences and provide anonymous tracking data to third party applications such as Google Analytics. As a rule, cookies will make your browsing experience better.
However, you may prefer to disable cookies on this and other sites. The most effective way to do this is to disable cookies in your browser. Consult the Help section of your browser or take a look at the All about Cookies website which offers guidance for managing cookies.

Who can I contact for further information?

Our processing of data is overseen by one of our Directors. The person to contact regarding day-to-day data protection issues is:
Lydia Wright

lydia@myyoga.nl

Prins Hendrikplein 2

2518 JA Den Haag

General

1. Lesson times and other information concerning the lessons can be adapted by MYYO. These adjustments are published in the studio and on the website.

2. Participants must inform MYYO of address details and e-mail address (es) in writing (or by e-mail).

3. The participant expressly authorizes MYYO to send him / her messages via e-mail, including any changes and / or additions to the general terms and conditions and other regulations.

4. All communication between MYYO and the participant can take place by e-mail unless the agreement and / or the general conditions and / or the law explicitly prescribes otherwise. The version of the communication in question saved by MYYO counts as proof of this, subject to proof to the contrary from the participant.

5. The participant gives MYYO permission to make his / her photos and / or film recordings (individually or in a group) during the use of MYYO’s facilities for use for publicity purposes. If a participant does not wish to give this permission, he / she must express this explicitly to MYYO.

Applicable law and competent court

1. Dutch law applies to all agreements to which these general terms and conditions apply unless mandatory law provides otherwise.

2. Disputes about and arising from all agreements to which these general terms and conditions apply will be submitted to the competent court in The Hague.

Separability

If a competent court should come to the conclusion that any provision of these general terms and conditions is unlawful, invalid or unenforceable, the relevant provision will be waived in the general terms and conditions, but the other provisions and conditions remain in force. The participant and MYYO agree that such an unlawful, invalid or unenforceable provision in these general terms and conditions shall, as far as possible, be replaced by a provision that has substantially the same economic and commercial implications as the original provision. If a competent court comes to the conclusion that any provision of these general terms and conditions is partially unlawful, invalid or unenforceable, then the provision remains in force for the part that it is lawful, valid and enforceable.

Entire agreement

The general for participation in classes and the privacy statement form the entire agreement between the participant and MYYO and replace any previous commitments and agreements.

Data:

MYYO

MyYoga Den Haag BV

Prins Hendrikplein 2

2518 JA The Hague

Terms and conditions for online sales to consumers of MyYoga Den Haag BV

These are the general terms and conditions applicable to the sale and delivery of goods and services by the private limited company MyYoga Den Haag BV to consumers via the website www.bikramnl.com Online sales include lesson cards that are valid at both MYYO .

Definitions

1. “General conditions”: the general conditions for online sales of products and services to consumers.

2. “MYYO”: the private limited liability company MyYoga Den Haag BV, having its registered office in The Hague at Prins Hendrikplein number 20, registered with the Haaglanden Chamber of Commerce under number 27278984

3. “Agreement”: the distance contract whereby in the framework of a system organized by MYYO for distance selling of products and services up to and including the conclusion of the agreement only one or more means of distance communication are used. The agreement between MYYO and the customer is fixed in the form, the general conditions and the confirmation e-mail that MYYO sends to the e-mail address specified by the customer after receipt of the form.

4. “Form”: the electronic document with which one or more products and / or services are ordered online by the customer at MYYO and in which a description is included of the ordered products and / or services.

5. “Customer”: any natural person, not acting in the course of a profession or business, with whom MYYO has entered into an agreement or who has visited the website of MYYO.

6. “Force Majeure”: all external causes, foreseen or unforeseen, on which MYYO can not exercise any influence, but as a result of which the fulfillment of its obligations can no longer reasonably be expected from MYYO.