general-conditions-of-sale

TERMS AND CONDITIONS
By registering with Anne Macnabb Nadjafi – AMYOGA (AMWellness) and paying for the required services, you (the “Client”) will enter into a contract with AMYoga (CH-660.2.519.013-2), Coin du Coeur, 16 route de Colovrex, 1218 Le Grand Saconnex (Geneva) for Yoga, nutrition coaching or habits coaching online or in-person. 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 content of our terms and conditions before continuing to enter into agreement of payment with Anne Macnabb Nadjafi, AMYOGA.

The use of the masculine form in these general conditions is generic and refers to both women and men.

Object
• AMYOGA provides the Client with Yoga or Nutrition Coaching or Habits Coaching that the Client agrees to pay at the rate in effect at the time of payment.

Pricing
• The price of each course (CHF 20) is deducted from the amount paid in advance by the Client until the credit is exhausted.

Payments
• The courses can be paid in advance through the payment modalities given on the site (Paypal, Twint or Bank Transfer) or in person, before the start of the course by the Client.
• Yoga lessons are sold individually, as a package of 10 lessons or 20 lessons. Nutrition coaching as a 3, 6 or 12 month subscription. The courses purchased are not refundable and the corresponding credit must be used by the Customer over the period of the school year  (September – June)
• 6 months maximum, from the date of the first visit for individual courses and 10 course package.
• In a pandemic period, a weekly class limit may be exceptionally introduced for unlimited subscriptions.
• We also have a unique welcome offer for any new member which consists of having one free group yoga class to experience the class. Each Customer’s credit is personal and non-transferable.

Suspension of subscriptions / packages
• Six-month subscriptions can be suspended once for a maximum period of two months.
• All subscriptions and packages can be suspended for reasons of illness / accident accompanied by a medical certificate.
• Any suspension must be done by email with a supporting document before the date of the start 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.

Course reservation and schedule
• For online and outdoor classes, no reservation is necessary. No guarantee is given as to the availability of classes. The course program can be changed at any time. The updated program on the website www.amwellness.ch is binding.
• All courses require a minimum of 5 participants. If the number of participants is not reached the class will be canceled.
• AMYoga also reserves the right to deny access to the class to a Client who does not respect the class environment or to remove a Client during a yoga or nutrition coaching class if the Client would interfere with the practice of other participants.

Course cancellation and delay
• A class can be canceled with a minimum notice of 12 hours.
• The Client should arrive ideally, 10-15 minutes, at the latest, two minutes before the start of a class.

Information on the Client’s state of health
• The classes offered by AMYoga do not have the character of medical training. Like all physical training, it presents a number of health risks, which the Client declares to be aware of and accept.
• These risks may be increased by the existence of factors relating to the Client’s state of health. For this reason, AMYoga can only agree to provide services to the Client on the express condition that the Client:
• inform AMYoga, at the latest during the first class, if he has a heart, respiratory or joint disease;
• spontaneously inform AMYoga of any other circumstance relating to the Client’s state of health or medical history (including cosmetic surgery) and likely to have an influence on or be influenced by the courses offered by AMYoga;
• immediately notify AMYoga of any change in the situation resulting from the information initially communicated in accordance with the above.
• In case of doubt, it is the Customer’s responsibility to contact a doctor of their choice at their own expense, before making their first payment according to number 5 below, to clarify their ability to follow the physical training provided by AMYoga,
and if necessary to find out about relevant circumstances which are hypothetically unknown to him.
• It is the sole responsibility of pregnant women to determine with the help of their doctor whether a Yoga or nutrition class is practicable, during the course of pregnancy.
• The Client must strictly follow the instructions given by the Yoga teacher during each class. In the event of discomfort, shortness of breath, dizziness, fluctuations in heart rate, muscle pain or any other physical symptom during a class, the Client agrees to spontaneously stop the exercise and immediately notify the yoga teacher.
• The responsibility of AMYoga can in no case be engaged for an attack on the health of the Client in the event of non-observance by the Client of the above obligations.

Responsibility
• As part of its relationship with the Client, AMYoga generally declines all liability, except for damage caused intentionally or by gross negligence.
• Yoga and nutrition coaching classes given in online and in-person include physical exercises, as well as relaxation and relief of muscle tension. As with any physical activity, the risk of injury is always present and cannot be completely eliminated. This is why the Client confirms that he is fully responsible for any possible injury caused during the lessons. The Client agrees to follow the instructions presented during the course and to practice at a level of intensity that corresponds to him.
• Classes are not a substitute for treatment, diagnosis, or physical examination and are not recommended under certain conditions. The Client decides of his own accord whether he is fit to practice the lessons. He declares that he waives all claims against AMYoga, within the framework of yoga and nutrition coaching classes, whether they are given online or in-person.
• The Customer is also solely responsible for the safety and integrity of the personal effects that he brings with him during lessons and / or that he leaves in the changing rooms.

Electronic communications
• The registration process, the payments referred to above can be made online through www.amwellness.ch. These secondary sites are secure; however, it is not possible to absolutely guarantee that they cannot be intercepted by third parties. The Customer’s attention is drawn to the fact that registration and payment of lessons are also possible in-person. By continuing to register online, as well as by making
payments via the site www.amwellness.ch, the Customer accepts the risk inherent in this type of communication.
• AMYoga’s preferred form of communication with the Client is email and WhatsApp. The emails that will be exchanged between AMYoga and the Client within the framework of these general conditions will not be secure. It is therefore possible that these communications could be intercepted by third parties. In the rest of the registration process, the Customer has the option of declining any communication
from AMYoga by email. If he does not do so, or if, having done so, the Client nevertheless communicates by email with AMYoga, the Client accepts the risk inherent in this type of communication.

Data protection
• During the registration of the Client’s registration and as part of the relationship that may result from it, AMYoga collects a certain number of personal data relating to the Client (which includes in particular the name, address, telephone number), via the site www.amwellness.ch.
• This collection takes place during the Customer’s registration via the site www.amwellness.ch or at the class, during payments made by the Customer, in relation to interviews between the Customer and AMYoga in person, by telephone, mail, e-mail or other means of communication, as well as during the Client’s participation in the courses.
• The information collected is used by AMYoga in particular for the purpose of managing the relationship with the Client (payments, reservations, organization of courses, etc.), adapting the Services to the Client, verifying the identity of the Client, carrying out market research, send information and other communications to the Customer (unless the customer has indicated that he does not wish to receive any, which he has the option of doing).
• AMYoga will in no case communicate to a third party personal data relating to the Client, except if required to do so by law or by the decision of a competent authority. Applicable law and competent courts in the event of a dispute
• Swiss domestic law is exclusively applicable. In the event of a dispute, AMYoga and the Client submit to the exclusive jurisdiction of the competent ordinary courts in Geneva (GE).
• The source of the general conditions are in English. In the event of a discrepancy between English and French, only the English version is valid.

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