Terms and Conditions for Smiling Dragon Tai Chi & Qigong; classes, workshops, ZOOM and coaching
Latest update: 8 January 2021
Classes/Workshops/Coaching … Terms and Conditions
This Assumption of Risk, Waiver, and Release from Liability covers the entirety of my participation in activities associated with Smiling Dragon Tai Chi & Qigong.
These Terms and Conditions are between Smiling Dragon Tai Chi & Qigong and you, the customer of Smiling Dragon Tai Chi & Qigong (‘you’) and user of Smiling Dragon Tai Chi & Qigong’s hired facilities, classes/workshops, and related services (‘Smiling Dragon Tai Chi & Qigong’s Services’).
Smiling Dragon Tai Chi & Qigong, Tamara Anne Bennett, and other instructors hired to teach on behalf of Smiling Dragon Tai Chi & Qigong, will always do their best to fulfil your needs and expectations while maintaining a friendly and approachable attitude.
- Wear comfortable layered clothes so that you can move around easily, and are comfortable.
- Wear shoes with flat flexible soles, so that your body can be in contact on the ground firmly and comfortably.
- A bottle of pure water. Avoid caffeine drinks and soft drinks 1 hour before or after the class.
- Be punctual, arrive at class 10 minutes before class starts to relax and de-stress.
- You agree to always work within your own comfort zone, within your own level and limitation while performing the exercises. Smiling Dragon Tai Chi & Qigong classes/workshop/coaching is non-competitive.
- Please inform your instructor immediately if you have any health concern and need any assistance.
- If you never have attended a Smiling Dragon Tai Chi & Qigong class/workshop/coaching, please start with beginners’ classes.
- Please fill in the pre-exercises forms and hand in to instructors before taken any classes.
- It is good health practise to get annual health checks; eyes, ears, and from your health professional
1. Your agreement with us consists of:
- these Terms and Conditions; and
- any physical and/or electronic information/document we make available to you (including Studio Bookings, or other booking systems), that you sign or otherwise indicate your agreement to, which identifies your class booking, subscription or product purchase.
These Terms and Conditions (as may be amended from time to time) and other documents referred to above are referred to as ‘this Agreement’ and comprise the entire agreement between us about its subject matter. You may not rely on any representations or warranties about the subject matter of this Agreement except as set out in this Agreement.
2. Coverage of this Agreement
This Agreement applies to any Smiling Dragon Tai Chi & Qigong’s Services provided to you, including any activities relating to the Smiling Dragon Tai Chi & Qigong Services, such as online booking and payment. By booking, paying for or using any Smiling Dragon Tai Chi & Qigong Service, you agree to be legally bound by this Agreement.
3. Our commitment
Smiling Dragon Tai Chi & Qigong will provide the Smiling Dragon Tai Chi & Qigong Services to a professional standard and in accordance with all applicable New Zealand laws.
4. Your obligations
In relation to your use of any Smiling Dragon Tai Chi & Qigong Services, you must:
- book and pay for each Smiling Dragon Tai Chi & Qigong class/workshop/coaching via the online booking system (currently Studio Bookings) at the (‘Smiling Dragon Tai Chi & Qigong website’) before attending the Smiling Dragon Tai Chi & Qigong class/workshop/coaching (our payment options, offers and class credits for classes/workshops/coaching are further described on the Smiling Dragon Tai Chi & Qigong website; and
- comply with the rules and requirements set out in this Agreement.
- communicate any disease or disability with a clearance in writing from your doctor before attending any classes. This is for your safety and well-being of all our clients, staff and customers.
All our pricing is in New Zealand dollars and inclusive of any applicable GST.
5. Our rights
In delivering the Smiling Dragon Tai Chi & Qigong services to you and other customers, we (and/or our instructors or trainers) may, at our discretion:
- Change trainers, instructors, our hours of operation, classes/workshops/coaching times or location.
- Cancel classes.
- Change our pricing, offers and packs for any Smiling Dragon Tai Chi & Qigong services with immediate effect by displaying these changes on the Smiling Dragon Tai Chi & Qigong website. However, if we do change our pricing or offers, we will honour any existing Offers or Class Credits that you have already paid for.
- Amend or replace all of or any aspect of these Terms and Conditions or this Agreement with immediate effect by displaying the amendment or replacement(s) on the Smiling Dragon Tai Chi & Qigong website.
- Terminate any Offer or Class Credits you have purchased from us, or any other pre-paid credit for any Smiling Dragon Tai Chi & Qigong class/workshop/coaching, for any reason, provided that we pay you pro-rata compensation for any pre-paid credits for Smiling Dragon Tai Chi & Qigong classes/workshops/coaching that are un-used at the effective date of our termination.
- Our process if we need to cancel a class
You will be contacted via text, phone or email should a class you are booked into be cancelled. Please be aware classes are on a first come first serve basis. To avoid disappointment, classes can be booked online via the Smiling Dragon Tai Chi & Qigong website in advance.
7. You have responsibility for your property
Smiling Dragon Tai Chi & Qigong is not responsible for the safekeeping of your personal property while you attend class, or for any property you leave at or within Smiling Dragon Tai Chi & Qigong’s hired premises. The protection of your personal property is solely your responsibility. We are not responsible or liable for any lost or stolen personal property that occurs or is believed to have occurred at or within a Smiling Dragon Tai Chi & Qigong class/workshop/coaching. If you do become the victim of a theft while at Smiling Dragon Tai Chi & Qigong’s class/workshop/coaching, we recommend you promptly report the incident to a Smiling Dragon Tai Chi & Qigong instructor and to the New Zealand Police.
8. Your health and safety are our priority
Your health and safety are our priority while you use the Smiling Dragon Tai Chi & Qigong’s services and undertake our class/workshop/coaching. For that reason, we reserve the right to refuse your participation in classes for health and safety reasons. We may also ask you for medical certificate or signed medical consents from your Health Professional if we believe that documentation is reasonably necessary to help us verify whether it is safe for you to participate in one of our classes/workshop/coaching. For the avoidance of doubt, if you are pregnant, we will ask you to bring in a signed medical consent from your Health Professional before doing a Smiling Dragon Tai Chi & Qigong class/workshop/coaching.
Risk Factors- I understand and acknowledge that participation in Smiling Dragon Tai Chi & Qigong class/workshop/coaching involves risks including, but not limited to the following: risk of property damage, bodily injury, including, but not limited to permanent disability, paralysis, and possibly death. These risks may result from a variety of circumstances including, but not limited to, my own and others actions, inactions or negligence, the rules of the martial arts, or conditions of the facilities and equipment provided by Smiling Dragon Tai Chi & Qigong or from the unavailability of emergency medical care.
Assumption of Risk- I am participating in the Smiling Dragon Tai Chi & Qigong class/workshop/coaching at my own free will. I understand that my decision to participate is entirely voluntary. I assume full responsibility for all risks that may arise out of or result from my participation with Smiling Dragon Tai Chi & Qigong, including by not limited to those risks described in in this agreement.
Prerequisite Skills. I acknowledge that I have the requisite skills, qualifications, physical ability and training necessary to properly and safely participate in the Smiling Dragon Tai Chi & Qigong class/workshop/coaching. I agree that if I have any questions as to what skills, qualifications, or training is necessary to properly participate in the Smiling Dragon Tai Chi & Qigong class/workshop/coaching, then I shall direct such questions to the appropriate individuals.
9. Limitation of liability and indemnity
Release, Indemnify, and Defend. I hereby release, waive, discharge, and hold harmless Smiling Dragon Tai Chi & Qigong, and all of their affiliates, predecessors, successors, trustees, officers, directors, faculty, employees, agents and representatives, past or present (hereinafter jointly referred to as the(” Released Parties”) from any and all claims, suits, liabilities, judgments, costs and expenses (“Claims”) for any property damage, property loss or theft, personal injury or illness, death or other loss arising from or relating to my participation in the Smiling Dragon Tai Chi & Qigong. I also agree to defend, indemnify and hold harmless the Released Parties from and against any Claims arising from or related to my own acts or omissions in connection with my participation in the Smiling Dragon Tai Chi & Qigong.
10. Liability Release and Acknowledgement
The Liability Release and Acknowledgement that you sign when completing the Smiling Dragon Tai Chi & Qigong `s Client Registration Form (when you first become our customer), is incorporated by reference into this Agreement.
You must not assign or transfer this Agreement without our prior written consent. We may transfer or assign our rights and obligations under this Agreement at any time to any third party. If we assign or transfer our rights and obligation under this Agreement, we will notify you of the assignment or transfer.
12. Governing Law
The laws of New Zealand govern this Agreement. You submit to the exclusive jurisdiction of the Courts of New Zealand.
13. Acknowledgement of Policies and Procedures
I acknowledge that I have read, know, and agree to all of the policies and procedures relating to my participation in the Smiling Dragon Tai Chi & Qigong class/workshop/coaching. I understand that the safe and proper use of all facilities, equipment or participation in the activity is dependent upon carefully following these policies and procedures. I agree to comply with and abide by all rules, regulations and policies of Smiling Dragon Tai Chi & Qigong and of Smiling Dragon Tai Chi & Qigong. I understand that Smiling Dragon Tai Chi & Qigong reserves the right to revoke or terminate my participation with the Smiling Dragon Tai Chi & Qigong for any violations of these rules, regulations, or policies.
I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that I am releasing unknown future claims.
15. Payment for Damages
I agree to pay for any and all damages to any property or Release Party caused by me negligently, wilfully or otherwise.
I enter into this agreement for myself, as well as for my heirs, assigns and legal representatives.
17. Consent for Emergency Treatment
I consent to medical treatment for emergencies that occur during or are related to my participation in Smiling Dragon Tai Chi & Qigong where I am unable to consent to such treatment. I understand the provisions of this Assumption of Risk, Waiver, and Release from Liability apply to any treatment that might be provided to me under this Section, including but not limited to Section 1, Section 2, and Section 4.
I understand that I am solely responsible for any medical, health or personal injury costs relating to my participation with Smiling Dragon Tai Chi & Qigong. I understand that I am strongly encouraged to have a medical physical examination and purchase health insurance prior to any and all participation in the Smiling Dragon Tai Chi & Qigong class/workshop/coaching.
This Assumption of Risk, Waiver, and Release from Liability shall be governed in all respects by the laws of New Zealand. The parties agree to use the New Zealand Law as venue for any disputes between the parties related to this Assumption of Risk, Waiver, and Release from Liability.
If any term or provision of this Assumption of Risk, Waiver, and Release from Liability is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Assumption of Risk, Waiver, and Release from Liability, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Assumption of Risk, Waiver, and Release from Liability and the application thereof shall be legal, valid and enforceable to the fullest extent permitted by New Zealand law.
I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily.
Tai Chi and Qigong products sold via the Smiling Dragon Tai Chi & Qigong website, at the class/workshop/coaching session, or privately.
Smiling Dragon Tai Chi & Qigong will make every effort to display as accurately as possible that the colour and images of our products appear identically at the school. All descriptions of products or product pricing are subject to change at any time without notice. We reserve right of the copyright of www.smilingdragon.co.nz belongs to Smiling Dragon Tai Chi & Qigong. Throughout terms and conditions, the term “we”, “us” and “our” refer to Smiling Dragon Tai Chi & Qigong. By visiting our website and/or purchase products from us, you are engaging in our “Service” and agree to abide by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read through Terms of Service before using our website. You must agree to all terms and conditions before proceeding. We reserve the right to update, change or replace any part of the Terms of Services by posting updates and/changes to our website.
Section One – Online Store Terms
By agreeing to the Terms of Services, you must not use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction (including but not limited to copyright laws). A breach of violation of any of the Terms will result in an immediate termination of your services.
Section Two – General Conditions
We reserve the right to reject service to anyone for any reason at any time, if you breach the following: You must not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our permission in writing.
Section Three – Accuracy, Completeness and Timeliness of Information
This website may contain historical information. Historical information may or may not be current and is provided for your reference. We reserve the right to modify the contents of this website at any time.
Section Four – Modification to The Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service without notice at anytime
Section Five – Products or Services
We reserve the right to discontinue any products at any time
Section Six – Third-Party Links
Third-party links on the website may direct you to the third-party websites that are may or may not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or contents.
Section Seven – User Comments, Feedback and Other Submissions
If you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or any other method, you are automatically agreeing that we may edit, copy, publish, distribute, translate without restriction in any comments that you forward to us. We are and shall be under no obligation to 1. Maintain comments in confidential, 2. Compensate for any comments. You must agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You may not use a false email address, pretend to be someone to mislead us or third-parties. You are solely responsible for any comment you take and their accuracy.
Section Eight – Errors, Inaccuracies and Omissions
Occasionally there may be information on our website contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit time and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancels order if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order.)
Section Nine – Prohibited Uses
We reserve the right to terminate your use of the service for violating any of the following:
- For any unlawful purpose
- Solicit others to perform or participate in any unlawful acts
- Violate any international, New Zealand national, district regulations, rules, laws, or local ordinances
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others
- Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- Submit false or misleading information
- Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website
- Collect or track the personal information of others; 9. Spam, phish, pretext, spider, crawl, or scrape.
Section Ten – Indemnification
You agree to indemnify, defend and hold harmless Smiling Dragon Tai Chi & Qigong and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section Eleven – Termination
The Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
Section Twelve – Entire Agreement
The Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Product Returns You have 30 days to return an item to where you purchased it from the date you received it.
To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging
Your item needs to have the receipt or proof of purchase.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable
Please post the item to:
Smiling Dragon Tai Chi & Qigong
996 Waiuku Road, RD1
Refunds for the item will be electronically transferred after the item has been returned.
If you have any questions on refunds and returns with us, please contact us on firstname.lastname@example.org