TERMS & CONDITIONS FOR CLASSES
TERMS & CONDITIONS FOR CHILDREN CENTRE'S, NURSERIES & SCHOOLS
1. Introduction
These terms and conditions (the "Terms") govern your access (the School or Nursery) the use of Yoga and Mindfulness classes provided by Beam Academy Ltd. By accessing or using the yoga classes, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the yoga classes.
2. Payment
The yoga classes are a paid service. You must pay the full cost of the yoga class on the agreed date. You can pay the cost of the yoga class by making a BACS payment to: Name: BEAM ACADEMY LTD, Sort Code: 56 00 03, Account: 2682 3071
3. Cancellation
Beam Academy does not offer refunds for classes cancelled with less than a 24hr notice by the school.
In the event one of our teachers cancels a class due to illness and no replacement is available, an extra class will be added onto the end of the term or the fees for the class will be deducted from next term's booking.
Beam Academy can offer a full refund for the term providing a month’s notice is given prior to the first date of the classes starting. If classes have already started, for that booked term, Beam Academy will need 1 months notice before cancelling the contract.
4. Entire Agreement
These Terms constitute the entire agreement between The School or Nursery and Beam Academy with respect to your Yoga and Mindfulness classes and supersedes all prior communications and agreements whether oral or written.
5. Amendment
Beam Academy may amend these Terms at any time by emailing a revised version. The revised version will be effective immediately upon posting. You agree to review the Terms periodically to be aware of any changes. Your continued use of the Yoga and Mindfulness classes after any changes to these Terms will constitute your acceptance of such changes.
TERMS & CONDITIONS FOR TRAINING COURSES
The following constitute the terms and conditions to which applicants agree when booking any standard Beam Academy face-to-face training or live online training (“Terms & Conditions”). If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company or other legal entity, then “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions. Beam Academy (as defined in Section 8.1 below) and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation, whether printed are available online, provided by Beam Academy in relation with the training (“Training Material”). Beam Academy reserves the right to review and update these Terms & conditions periodically at its sole discretion.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING BEAM ACADEMY TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. BOOKING
1.1 Standard training. Standard Face-to-face training and live online training can be booked via the booking forms available on the Beam Academy website. When you submit a booking for an online training, your submission represents an offer to Beam Academy to book you onto the course you selected. On submission of the face-to-face training course or live online training form you will receive an automated summary email of your selection. Beam Academy will accept your offer by entering your booking onto the Beam system and sending you an email confirming that you have been booked together with information on starting your learning.
1.2 Custom Training. Custom training engagements can also be contracted through Beam Academy Professional Services in the form of a Statement of Work document as described and governed by Beam Academy’s Customer Agreement.
2. PAYMENT
Training fees can be paid at the point of booking through the website. In all cases, payment must be received prior to start of training. If you elect to pay the fees via PayPal, all major credit and debit cards are accepted. A receipt will be sent to you by email from PayPal confirming payment. PayPal will receive the information needed to verify and authorise your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties. Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorise payment, your application will be deemed void. Beam Academy will not accept any liability for costs incurred as a result of applications deemed void in this manner.
Sales taxes (VAT, TVA etc.), if any, are charged at the applicable rate depending on the product and/or customer.
3. YOUR OBLIGATIONS
You may not allow anyone else to access the live online training or course via your log-in details. You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises you will be training in. Beam Academy reserves the right to remove any delegate from a training course whose behaviour is deemed inappropriate by Beam Academy or its trainers. In these circumstances, Beam Academy will neither refund any fees nor reimburse any other costs.
4. LIMITATION OF LIABILITY
Beam Academy does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials. Opinions expressed are those of individual trainers and not necessarily those of Beam Academy. Participants should take professional advice when dealing with specific situations.
Should a participant require an invitation letter from Beam Academy, we are able to provide this as long as full payment of the training course fee has been received. Beam Academy is not able to act on behalf of the participant and is not responsible for any costs incurred by failure to obtain a full visa.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEAM ACADEMY SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEAM ACADEMY’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO BEAM ACADEMY FOR THE TRAINING GIVING RAISE TO A CLAIM.
5. WARRANTY AND DISCLAIMER
I, agree to the following:
- I am participating in the Teacher Training or any other physical exercise programmes offered at BEAM ACADEMY throughout which I will accept information and training about yoga, physical exercise or health. I acknowledge that exercise involves physical application, which may be strenuous and may create physical injury, and I am fully aware of the risks and hazards concerned.
- I recognise that it is my duty to consult a physician prior to and regarding my partaking in the yoga classes, trainings, health programs or workshops offered by my instructor or substitute teacher. I represent and permit that I am physically fit and I have no medical condition, which would inhibit my full participation in these yoga classes, trainings, health programmes or workshops.
- If I am pregnant I realise that I participate fully at my own risk and that of my unborn child/children.
- In reflection of being permitted to partake in the yoga classes, trainings, health programmes or workshops, I agree to undertake full responsibility for any risks, injuries or programmes offered by my instructor or substitute teacher.
- In additional consideration of being acceptable to participate in the yoga classes, trainings, health programmes or workshops, I intentionally, willingly and specifically waive any claim I may have against my instructor or substitute teacher for injury or damages that I may sustain as a result of participating in these programmes.
- I understand that from time to time during yoga classes, the instructor may physically adjust students’ form and posture. If I do not want such physical modifications, I will so inform the instructor at each class I attend. I also recognise that if I do wish to receive such modifications, it is my responsibility to inform the instructor when an adjustment has gone as far as I desire at that time.
- I hereby take full and sole responsibility from any liability of loss or damage to personal property related with yoga classes or any other events.
5.1 In person classes and trainings during Coronavirus (COVID-19)
If I attend an in-person classes or trainings whilst Coronavirus restrictions and safety measures are in place, I will:
- Follow the suitable government guidance on procedures such as hand washing and social distancing. I will also take care of my personal items and yoga props, maintaining the sanitation of my equipment by washing them in-between classes and trainings.
- Keep on the protocols and safety measures set out by BEAM ACADEMY for attending in person classes and trainings.
- Not attend any class I have booked, or the BEAM ACADEMY physical space, should I be displaying any symptoms or have knowingly been in contact with anyone who is symptomatic.
- Inform BEAM ACADEMY should I acquire symptoms following attendance at an in person class or training.
5.2 Online & virtual classes and trainings
- By taking part in any online classes or trainings, you recognise that classes may be physically demanding, and you willingly partake in them with full understanding that there could be a risk of personal injury.
- When practising and training from home, you accept full accountability for your space and the health and safety precautions within this space.
- You recognise that BEAM ACADEMY accepts no responsibility for any potential injuries as a result of practise outside of the studio space.
- BEAM ACADEMY is not accountable for any injuries you may experience as a consequence of your use of any material found on the company website.
- Whilst practising online the student is responsible for selecting and taking appropriate alterations within their practice and if a student chooses to divert from the over-all instructions of the class, then they are doing so at their own discretion.
- Whilst working online the student understands that with their camera on, they are visible to the teacher and other participants who are in the online space. They are not visible to participants in the physical space.
I have read the above disclaimer and waiver of liability and fully understand its contents. I willingly agree to the terms and conditions stated above under my own free will. By booking into any BEAM ACADEMY classes, trainings or accessing online material I hereby agree to the terms and conditions above.
Upon signing up to any of our services you are confirming you indicate agreement of our waiver.
6. INDEMNIFICATION
Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages, or liabilities (including reasonable attorneys’ fees) arising from a third party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.
7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
All Training Material is owned by Beam Academy. All intellectual property rights in all Training Material available, including the design, graphics and text of all printed materials and the audio of all webinars and podcasts, are owned by Beam Academy. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable licence to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Beam Academy’s prior permission. Any such use is strictly prohibited and will constitute an infringement of Beam Academy’s intellectual property rights.
To provide a continuous check on the consistency and quality of training delivery, all students will receive a follow-up email at the end of each class asking to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery.
8.1. Cancellation by customer.
8.1.1 Face to Face. If you notify Beam Academy in writing (by email or post) that you wish to cancel a face-to- face training course not less than 28 days before the start date of a course, you will be entitled to a 50% refund. Refunds will be processed within 28 days of receiving your request via bank transfer to the original payer. If the reason you need to cancel a face-to-face training course is because you have been declined a visa, we can issue a full refund as long as you have proof that your visa has been declined and you give us at least 28 days' notice. If you withdraw for any reason less than 28 days before the start date of a course, no refund will be issued but you may transfer your place on the course to a substitute. Substitutions should be notified to Beam Academy at least 48 hours prior to the course start date. If you fail to attend the course on which you are booked without giving prior notice to Beam Academy, we are unable to refund the course fees or offer a transfer.
8.1.2 Live Online Training. Once you have booked live online training course or package the fee is non- refundable. If you cancel any e-learning course or package you will not be entitled to any refund. There is no charge for transferring your booking to the same course on an alternative date provided you notify Beam Academy in writing not less than 10 days before the start of the training and if there is availability. However, a transfer fee of 20% of the course fee (plus VAT) will be payable if the notice is received less than ten (10) days before the start of the original course. If you transfer your booking you will not receive any refund, and you will not be entitled to transfer more than once.
You must make any request to transfer a course in writing, which may be sent by email to: [email protected]
8.2. Cancellation by Beam Academy.
Beam Academy reserves the right to cancel any training course due to insufficient enrollment by providing notice to you at least 7 calendar days prior to schedule commencement date. In the event of cancellation by Beam Academy, you may elect to receive a full refund of registration fees paid or credit toward alternative class(es). Nevertheless, Beam Academy will not be responsible for non-refundable tickets purchased or reservations made by you. If a training class is cancelled by Beam Academy due to any Force Majeure Event as defined in Section 10.5, the Customer is entitled to a full class credit which must be used within 3 months of the date of the original class for another class offered by Beam Academy.
9. CONFIDENTIALITY
Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"). Any Beam Academy technology, any commercial terms (including pricing) of these Terms & Conditions and any performance information relating to the products shall be deemed Confidential Information of Beam Academy without any marking or further designation. Except as expressly authorised herein, the Receiving Party will use (and will ensure that its employees, Affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorised by the Disclosing Party. The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
10 MISCELLANEOUS
10.1 Who you are contracting with, notices, governing law and venue. Who you are contracting with under these Terms & Conditions, who you should direct notices to under these Terms & Conditions, what law will apply in any lawsuit arising out of or in connection with these Terms & Conditions, and which courts have jurisdiction over any such lawsuit will be dealt with in the UK.
10.2 Dispute resolution: arbitration. In the event of any controversy or claim arising out of or relating to these Terms & Conditions, the parties hereto shall consult and negotiate with each other and, recognising their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to these Terms & Conditions shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration will take place in the city where the courts have jurisdiction under the table set forth in Section 10.1. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.
10.3 Contact. Please contact Beam Academy’s training department for any other training questions or requests by emailing: [email protected]
10.4 Privacy Policy. All information provided by you under these Terms & Conditions will be treated in accordance with Beam Academy’s Privacy Policy.
10.5 Force majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).
10.6 Entire Agreement and severability. This Agreement is the entire agreement between you and Beam Academy relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
TERMS & CONDITIONS FOR BEAM PRO+ SERVICES
1. Use of the Beam Pro+
The Beam Pro+ grants the Customer (being the legal entity that has taken out the subscription) the right to use Beam Academy’s system and services (“the Services”). The subscription may not be used by other people or organisations.
2. Acceptance of the subscription
The Beam Pro+ subscription terms for the Services are accepted by the Customer by signing up and paying for a subscription service through Beam Academy on www.beam.academy. Payment confirmation and with these terms and conditions will be the “Agreement”.
3. Duration and termination of the subscription
Graduates receive the first 3 months free then the subscription fee starts from the fourth month. The monthly annual subscription runs from the date the Customer signs up to the subscription service to the end of that calendar quarter, plus the following calendar quarter (for example, if the order is placed February 15, the subscription runs to March 14). After that period, the subscription runs for one month at a time. At the end of the month, the subscription will automatically be renewed for another month unless terminated by the Customer. Graduates can cancel the subscription anytime.
The monthly annual subscription may be terminated by email to [email protected] one month before the expiry of the subscription. The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.
In the event of the Customer filing for bankruptcy, the subscription will be terminated, and all Services will be terminated immediately, unless otherwise specifically agreed in writing between the Parties.
4. Price and payment terms
The charges are listed on the Beam Academy website. Beam Academy guarantees that no price increases will be introduced for the Services ordered at the time of commencement of the subscription.
The first invoicing period runs from the date the Customer places a monthly order for 30 days (for example, if the order is placed on March 15, the subscription runs to April 13). After that period, monthly annual services are invoiced each month in advance. Transaction fees are charged on a monthly basis. The first invoice for Beam Pro+ subscriptions will include the first month of subscription fees, after which monthly invoices will be sent. Event-based services are invoiced when the Customer places the order.
Payment shall be made within one day from the date of invoice. If the subscription is not paid by the due date, a first reminder will be sent to the Customer. If the subscription remains unpaid ten days after the date of the first reminder, a second reminder with a fee of £10.00 will be sent to the Customer. If the subscription still remains unpaid ten days after the date of the second reminder, access to the Services will be blocked and Beam Academy shall be entitled to charge the Customer interest on any outstanding fees at the rate of 4% per annum above the UK base rate in force from the initial date payment became due until actual payment is made. Access to the Services will be unblocked on receipt of payment.
Beam Academy will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Services.
The Customer agrees to the use of e-mail (using an e-mail address specified by the Customer) or another electronic method of transmission as the medium for entering into a subscription agreement, sending invoices and reminders.
Payments must be made to Natwest Bank, UK:
Bank Account: Beam Academy Ltd
Sort Code: 56-00-03
Account Number: 2682 3071
Transfer costs must be split between the Customer and Beam Academy.
5. Operating stability
Beam Academy aims to provide the highest possible degree of operating stability, but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, Beam Academy aims to re-establish normal operations as quickly as possible.
6. Maintenance of the System
Beam Academy is entitled to make operational changes to the System for improvements or otherwise (for example by developing or updating software) without giving the Customer prior notice. In some circumstances, it may be necessary to suspend access to the Services, usually between 9pm and 6am GMT. Notice of such a suspension will be given to the Customer in advance. Beam Academy will not be responsible for any consequences of such a suspension where notice has been given.
7. Rights
The System remains the full property of Beam Academy Ltd. Individually customised software relating to the Services also remains the property of Beam Academy unless otherwise stipulated. Beam Academy may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.
8. Liability of Beam Academy
Beam Academy has taken reasonable measures to ensure that the Services are virus-free but no warranty is given that the Services are free from infection from viruses etc., and Beam Academy shall have no liability if this is not the case. To the extent permitted by law, Beam Academy disclaims all warranties with respect to the Services, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.
Beam Academy shall not be liable to the Customer for any loss or damage caused (including business interruption) arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law. Except for death or personal injury caused by negligence of Beam Academy, its employees, agents or authorised representatives, for which no limit applies, Beam Academy’s liability will be limited to the lesser of the value of payments made by the Customer for the period of 12 months before the occurrence of the incident giving rise to the liability.
9. Data Processing Agreement, privacy policy and Confidentiality
The Data Processing Agreement in https://www.beam.academy/dpa is part of the Agreement and sets out contractual provisions to ensure the protection and security of data passed from the Customer and to Beam Academy for processing.
Beam Academy has taken the necessary technical and organisational security measures to prevent information saved by the Service from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party, being misused or otherwise treated in a way contrary Beam Academy’s privacy policy (see: https://www.beam.academy/privacypolicy).
Beam Academy is bound by secrecy in respect of any information received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
10. Marketing
Beam Academy shall be entitled to refer to the Customer and the Services provided in its marketing, including a brief description of such services.
11. System changes and feature updates
Beam Academy informs its users on the Beam Pro+ about system changes, feature updates, and other technical news by e-mail. Therefore, all registered users on the Beam Pro+ accept that they are added to the technical newsletter mailing list.
12. Entire Agreement
These Terms together with the signed Formal Quote contain the entire agreement between the Parties and supersede all previous correspondence or communications whether written or oral. Beam Academy may amend these Terms as required from time to time provided that Beam Academy will give Customers no less than 20 days' written notice of such amendments and all such amendments will apply to the next renewal of the subscription.
13. Disputes
These Terms shall be governed by and construed in accordance with the laws of UK and the Danish Courts shall have exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms.
