Ommosapiens Movement & Yoga
General Terms & Conditions
1. Application and Interpretation
“Company” means Ommosapiens Ventures Sdn. Bhd. (Company No. 1352247-H)
“Guest” means any person in the premises of the Company or in a location where the Company is conducting a class, workshop or event, and includes all Members
“Member” means any person who has purchased a membership or package of the Company, for the duration of validity of such membership or package
“Registration Form” means any registration form, including an online purchase form, used to purchase a product, package or service of the Company, or used to confirm or apply for attendance of a class, workshop or event of the Company
“Studio” means the Company’s studio located at 69A, First Floor, Jalan SS21/37, Damansara Utama, 47400 Petaling Jaya, Selangor.
“Terms & Conditions” means the terms and conditions as stipulated herein
“Website” means www.ommosapiens.com including the pages contained therein
These Terms & Conditions shall apply to all Guests and are incorporated in the Registration Form and online booking system. The Company reserves the right to vary, amend or revoke any of the Terms & Conditions from time to time at its sole, absolute and final discretion. Any such changes will be published on the Website and until revoked shall be binding on all Guests.
By being a Guest, you hereby irrevocably agree to and shall be bound by these Terms & Conditions
2. Jurisdiction
These Terms & Conditions and all transactions entered into between the Company and a Guest shall be governed by and construed in accordance with Malaysian law, and Guests submit to the exclusive jurisdiction of the Malaysian courts for any matter or dispute arising in relation to the same.
3. Studio hours
Studio hours and class times shall be as published on the Website from time to time. The Studio will be open 30 mins before and after each class. Personal training hours will be as mutually agreed between students and trainers.
4. Pricing
Prices of the Company’s products, packages or services will be published on the Website and the Company reserves the right to amend such prices from time to time.
Subject to any statutory right of cancellation, payments for classes, workshops or events, memberships, packages and subscriptions are non-refundable, unless otherwise stated in these Terms & Conditions.
All deposits are non-refundable.
5. Use of facilities
Members shall be entitled to use the Studio’s facilities during scheduled class times, in respect of classes which they have booked, provided always that the Company may at any time withdraw all or part of its facilities for any period or periods & with notice, where practicable, in connection with any leaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.
Persons aged 16 and under may only use the Studio & attend classes if accompanied by an adult (over 21 years of age) and when under such adult’s care & supervision. The Company reserves the right of refusal (at its sole, absolute and final discretion) for any child or minor to practice at the Studio.
The Company reserves the right to refuse entry to the Studio to any person who. at the Company’s sole, absolute and final discretion, breaches these Terms & Conditions, behaves in a manner which is threatening, harmful or unpleasant to other Guests, behaves in a way that is otherwise injurious to the Company (including its employees, staff or hires), the Studio or Guests, refuses to abide by Studio rules or SOPs, or is physically or mentally unfit to attend a class, workshop or event. No refunds will be issued for persons refused entry.
6. Personal belongings
Personal belongings are brought into the Studio, or at any other location that the Company conducts a class, workshop, training or event, at the Guest’s own risk and the Company shall not be liable for any loss or damage or any nature, howsoever caused, to such items.
For security reasons and without prejudice to the above, you are encouraged to place your personal belongings in the Studio lockers and avoid leaving them unattended in common areas.
7. Members
Acceptance or continuance of a person as a Member is at the sole, absolute and final discretion of the Company.
The Company reserves the right to withdraw, cancel, suspend or refuse to renew the membership of any Member whose conduct is, or may deemed to be (in the Company’s sole, absolute and final opinion), injurious to the character of the Company, conflicting with the Company’s best interests amounts to a breach of the Terms & Conditions or where such expulsion is otherwise to be in the interests of the other Members of the Company. Any Member so expelled shall forfeit all privileges to membership & shall not be entitled to any refund.
8. Introductory offer (Ommosapiens Experience)
The introductory offer is available to new students who are non-Members who have never purchased a product, package or service from the Company.
This is a one-time purchase only.
This offer allows you to 2 regularly scheduled yoga classes, 2 scheduled movement classes & 1 recharge session. You have 30 days from the date of purchase to utilise all 5 sessions as stated above.
Only one introductory offer per person.
No refunds, sharing, transfers, suspensions or extensions will be allowed for this offer.
You may purchase this offer as a gift for another person, provided that you inform the Studio promptly upon such purchase.
If you do not show up for a booked class, session will be deducted as per our cancelation policy.
9. Unlimited memberships (12 month commitment)
After 12 months, the membership will automatically continue on a monthly basis until the Company is advised by you via email (hello@ommosapiens.com) to terminate the membership. 1 month prior notice is required to process cancellations.
Membership fees will be charged to your credit card or bank account once per month for monthly unlimited memberships.
Should a payment be declined for any reason, the Company reserves the right to process payment at any time to settle any debt owed. If an auto-debit is declined due to insufficient funds, the transaction will fail which requires additional administration and yields additional bank costs which will be borne by you.
Memberships may not be shared or transferred for any reason at any time. Anyone sharing memberships and does so expressly without the consent of the Company and will be denied all future entry and their Membership shall be cancelled with no refund.
10. Unlimited memberships (3 and 6 month memberships)
These memberships entitle you to unlimited number of scheduled movement and yoga classes each month for the duration of the membership.
Unlimited 3 months memberships expire 90 days after activation (the date you book your first class), unless an extension has been requested and approved by the company.
Unlimited 6 months memberships expire 180 days after activation (the date you book your first class), unless an extension has been requested and approved by the company.
These memberships are non-transferable and non-refundable.
11. Class packages (5, 10 and 25 class packages)
These packages can be used for both movement training and yoga classes.
5 Class Packages will expire 30 days from first use.
10 Class Packages will expire 90 days from first use.
25 Class Package will expire 180 days from first use.
All packages are non-refundable.
You may apply to transfer your purchased package to someone else. If the package is bought at a discount which the transferee is not entitled to, he/she will have to top up the difference.
If you wish to transfer a package, you shall apply to the Company in writing (e-mail only) to hello@ommosapiens.com. Transfer of packages will be subject to the approval of the Company and will incur a RM30 administrative fee. Transfers can only be done once.
Unutilized classes can be carried forward if you purchase a new package within 3 months from the date of expiry.
Packages can only be extended for medical reasons or travel exceeding 14 days, and can only be done twice (2) times a year. The minimum period of extension is 14 days and a maximum of 2 months.
12. Personal training
Client agrees to inform Company and Trainer of any and all conditions, medical or otherwise, that may affect his/her ability to participate in Training Sessions.
The Trainer will use his/her skills and knowledge to design a safe programme of exercise that will take into account your lifestyle, personal goals, fitness levels and medical history.
You understand that the results of any fitness programme cannot be guaranteed. Your progress depends on your effort and co-operation in and outside of the Sessions. In particular you acknowledge that individual results may vary and no particular result is guaranteed by your Trainer.
All Client information will be kept strictly private and confidential
Once purchased, your Sessions are non-refundable
13. Suspensions of unlimited memberships (3 months, 6 months & 12 month commitment), class packages and personal training
Members may apply to suspend unlimited memberships via a written request (e-mail only) to hello@ommosapiens.com, with at least 1 month notice in advance.
Suspensions may be allowed for a minimum of 14 days and a maximum of 2 months per suspension.
Up to two suspensions are allowed within 1 year from the start date of the membership at no charge. Subsequent suspensions will incur RM20 administrative charge per week of suspension.
Suspensions shall only be allowed for health/injury reasons (with a letter from a recognized medical facility) or extensive travel of 14 days or more (as evidenced by copies of the relevant travel tickets).
14. Bookings and Cancellations (General)
Early Cancelations – If you cancel more than 3 hours before the start of class no late fee will be applied. This allows waitlist students to be contacted & join the class.
Late Cancellations – If you cancel within 3 hours of the class start time, you will be charged RM15 as a late fee. This fee must be paid before you are allowed to attend any other class, event or workshop of the Company (whether or not you have paid for such other class, event or workshop).
A ‘no show’ (failure to turn up for a class at all without prior cancellation) will incur the following:
· Drop in students – If you have pre-paid for your class you will lose the class you have paid for and you will not be refunded.
· Members with class packages (fixed number of classes) – If you do not show up for a booked class, one class will nevertheless be deducted from your package.
· Members with unlimited memberships – If you do not show up for a booked class, you will be charged RM25.
· Personal training – 24 hour’s notice of cancellation or postponement is required for all appointments. Notice of less than 24 hours will incur full payment of the full Session fee. Unforeseen events will be taken into consideration on the day.
17. Online booking
Classes can be booked online up to 14 days in advance until 15 minutes prior to the start of class.
All students with online bookings must sign in at least 10 minutes before the class starts.
When classes have reached their online booking capacity, you can add yourself to the waitlist.
If you are on the waitlist you will automatically be allocated a space in the class once a spot becomes available and we will email you a notification.
You will not be charged a no-show fee if you are added from a waitlist into the class & you do not cancel.
18. Representation, warranty, waiver and release of liability
By being a Guest, entering the Studio or by attending or participating in any class, personal training session, workshop, training, or event of the Company, you represent and warrant that:
(a) you are physically fit to do so and have been advised by your doctor or have consulted with your doctor prior to doing so;
(b) you have no pre-existing medical conditions which may render you unfit to attend fitness classes, personal training, workshops, trainings or such events held by the Company;
(c) you are sufficiently insured against any harm, injury or health risk; and
(d) you will hold the Company harmless against any claim for any loss or damage to property or self, including with respect to any injury or harm to you or any guest of yours, save for any loss, damage or injury which is by law incapable of exclusion.
You further agree that the Company shall not be liable for any harm, injury, loss or damage of any nature, howsoever caused, in respect of any class, personal training session, workshop, training, or event of the Company which you attend or participate in, or while you are in the Studio or any other location where the Company conducts a class, workshop, training or event.
Without prejudice to the above, you expressly agree and contract, on behalf of yourself, your heirs, executors, administrators, successors and assigns, that the Company and its insurers, employees, staff, hires, officers, directors, and associates, shall not be liable for any claims or damages arising from personal injuries (including death) sustained by you, or your guest(s) in, on, or about the Studio or any other premises utilized by the Company, or as a result of the use of the equipment, facilities or Studio of the Company, regardless of whether such injuries result, in whole or in part, from the negligence of the Company.
As a Guest, you accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to you or your guest(s), and you hereby fully and forever release and discharge the Company, its insurers, employees, staff, hires, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment, facilities or Studio.
You expressly agree to indemnify and hold the Company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by you or your guest(s).
You agree to be solely responsible for safety and wellbeing of your guest(s) and yourself.
You agree to comply with all Studio rules and SOPs, and all instructions made by an instructor, employee, staff or hire of the Company. You agree to conduct yourself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and acknowledge that the participation in classes, events or workshops and/or the use of exercise equipment involves risk of serious injury, including permanent disability and death.
You understand and agree that the Company is not responsible for property that is lost, stolen, or damaged while in, on, or about the Studio or any other premises used by the Company.
The Company cannot be held responsible for any service or equipment not being available for whatever reason. The Company reserves the right to make alterations to the types of services and facilities provided, without notice & in its absolute discretion. The Company shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.
19. Website terms & conditions
Information published on the Website is provided for the use of its visitors & you are advised that, although care has been taken to ensure technical & factual accuracy, some errors may occur.
No guarantee is given of the accuracy or completeness of information on the Website.
Please be aware that the Company may alter the information on the Website from time to time.
The Company shall have no liability arising from the use by any party of the information on the Website.
The Company does not warrant the information on the Website in any way & in particular no warranty is given that the website or its contents or hypertext links are virus free or uncontaminated.
You are advised to make your own virus checks & to implement your own precautions in this respect.
The Company excludes all liability for contamination or damage caused by any virus or electronic transmission.
20. Privacy & security policy
Your personally identifiable information is kept secure. Only authorised employees, agents & contractors (who have agreed to keep information secure & confidential) have access to this information.