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TERMS & CONDITIONS OF USE

The following terms and conditions list the rights and obligations between yourself and DownDog, which manages and runs yoga clubs know as (“DownDog Yoga”).  Please be sure to read this document mindfully before you sign any membership agreement with DownDog and clarify any terms, if required.  The terms of this agreement nullify anything that you may have been told either verbally or in writing.  The terms and conditions of services offerings at Downdog may change from time to time and our website (www.downdog.co.in) will always reflect the most updated version.

 

By obtaining a Yoga membership with DownDog or otherwise physically entering any of DownDog club(s), you agree to be bound by the Terms and Conditions.  If you do not agree with these terms and conditions, you should not obtain a yoga membership or enter DownDog.

 

You accept not to tamper with, steal, or cause loss or damage to, the personal belongings of another member, DownDog owned infrastructure including but not limited to towels, toiletries, hair dryers and lockers.  If you do so, we shall cancel your membership and permanently ban you from entering any of our DownDog Club(s).

Definitions

  1. In these Terms and Conditions, we use the following definitions (all definitions are in capitals)

  2. “DownDog”, means jointly and severally DownDog (India) Private Limited (CIN:  U72900DL2022PTC396595) with registered address at 18-20 Hindustan Times House, Floor 10, KG Marg, Delhi – 110001 (GST #:  07AAJCD2105R1ZF) and physical location of the Club located at – 1 Agency Office, Ground Floor, Vipul Plaza, Vipul Orchid Plaza, Suncity, Sector 54, Gurugram, Haryana, 122011(GST #:  06AAJCD2105R1ZH).

  3. “Club(s)” shall mean and include Premium Yoga Club(s) operated by “DownDog” under the brands or affiliates of DownDog.

  4. DownDog Membership Application (DMA) and DownDog Terms & Conditions (DTC) jointly constitute binding agreement between the Club member and DownDog.

  5. “Representatives’ means DownDog directors, officers, contractors, employees, consultants, partners, advisors or other affiliates.

  6. “Service Offerings” means all types of Yoga classes offered at the Club which includes but not limited to – group yoga classes.

  7. “Membership” means a valid and current membership that is obtained by a person in order to access the “Service Offerings” offered at the DownDog Club.

  8. “Member” means a person with a valid Membership to use the services offered at the Club.

  9. “Class Packs” means number of classes a member can take depending upon their choice of Class Pack membership plans.

  10. Personal Details

  • You must present two valid identifications issued by Central or State Government of India such as valid Aadhar card, Drivers license, passport, proof of age or valid utilities bill to reception staff at the time of joining at DownDog.  

  • You accept all the personal details provided by you including payment details via bank/credit card shall be correct in the books of relevant authorities at the time of enrollment.  You accept to be solely responsible and liable if the same is found incorrect.  DownDog reserves the right to terminate the membership if the information provided by you is found to be incorrect at any point of time.  

  • During the term of your membership, you must update DownDog within 2 business days, by signed written notice by email only of any changes in your personal particulars (including but not limited to changes in your home address, contact telephone numbers, payment details, emergency contact person details).

1. Pricing and Membership plans

  • Memberships, class packs and shared packs (if offered) are not refundable or transferrable unless otherwise agreed by yourself and DownDog in writing at the time of joining DownDog.

  • All prices quoted for DownDog service offerings do not include GST, unless otherwise specified.

  • All fees paid to DownDog under different service offerings are non-refundable and non-transferrable for any reason whatsoever.

  • DownDog Memberships will attract a joining fee of INR 9000, which is non-refundable, and which gets due at the time of signing any service contract with DownDog.

  • The introductory Memberships plans, will be strictly limited to a certain time as stated at the time of purchase.  The introductory Membership plans will be available to new customers of DownDog only and the offer can be used only once by one person and is non-transferrable.  Once an introductory membership ends, you will need to select a membership option to continue use of DownDog Yoga Club.

  • Fixed term unlimited memberships – 1,3,6 and 12 months fixed term unlimited memberships are offered at DownDog. Fixed term membership activates from the date of purchase and not from the first date of physical attendance at any yoga session at DownDog.  Fixed term memberships are non-transferrable, non-refundable and no suspensions are allowed.  After the end of fixed term of 1,3,6 and 12 months, depending upon the chosen fixed term unlimited membership plan, the membership may be cancelled at any time in accordance with clause 5(e) of these terms.  You need to give 15 days’ notice to terminate the fixed term unlimited membership.  If no notice is given in writing, the incumbent fixed term plan will be renewed for another similar term.  You will have to renew fixed term unlimited membership or choose another membership options as offered from time to time, to carry on using Downdog club services.

  • Class Packs have limited validity and shall expire at the end of their validity period ; no extensions are permitted.  Class Packs are not valid for any guest teacher classes, workshops, retreats, teacher training or special events organized by DownDog from time to time.  Class Packs are non-transferrable.  

  • The duration of the fixed term unlimited membership plans – 1,3,6 and 12 months is active for the number of months stated on the agreement signed at the time of joining and such fixed term unlimited membership plans may only be used in consecutive months.

  • The sale of each DownDog membership is subject to its specific terms and conditions applicable to the type of membership which you hold.  

2. DownDog Club Etiquette and Access

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  • DownDog retains the right to refuse entry to, or eject you from, any of the DownDog Yoga Club(s) to any person at its sole discretion.  We will refuse entry or eject you in the event that you are behaving in an anti-social, intoxicated, disorderly, aggressive, offensive or dangerous manner or in any manner which may threaten the security of our members or DownDog staff or any other guest present at our club(s).

  • Members must be 14 years old to attend any of the services at DownDog.

  • For student who are over 14 years and under 18 years, a signed consent form must be provided from a parent or legal guardian prior to attending any services at Downdog.

  • It is recommended that if you are under 18 years of age, you seek medical advice prior to undergoing any yoga sessions at DownDog to ensure you are physically, mentally and medically fit to practice yoga.

  • Lockers for both clothing and mobile phone charging are provided for you at our Club and you agree that you leave your valuables and personal belongings inside them solely at your own risk.  Both changing room Lockers and mobile phone charging lockers shall be used only when you are at the club physically.  All lockers will be cleaned and cleared of any belongings at the end of the day.  DownDog will be entitled to break open any such locker which remains unopened and/or unemptied at the end of each day and remove the contents of such locker.  Any belongings found will be kept in lost and found for maximum period of 2 days after which they will be given to charity.  DownDog does not take any responsibility for the safekeeping, loss, theft or damage howsoever caused of any belongings brought into DownDog Yoga Club(s) including those of your guest.  

  • You understand and accept wearing suitable yoga attire for your yoga classes.  No shoes, glass water bottles, clothing except your Yoga attire, personal Yoga mats, mobile phones, headphones shall be allowed into Yoga Shalas.

  • You shall not take any photos and/or record any videos of inside the club premises, equipment, guests, staff, teachers unless provided with the DownDog express consent.

  • You consent to DownDog use of your image in any promotional materials, including on DownDog’s social media platforms.

  • You and your guest are not permitted to bring outside food and drinks, other than fluids to be consumed during yoga session into DownDog.

  • No alcohol and smoking are allowed to be consumed at any of the DownDog Yoga Club(s).  

  • You accept DownDog from time-to-time will organize social gatherings of like-minded yoga community and DownDog members and serve snacks as part of party refreshments.

  • You and your guest shall not use any of DownDog facilities under the influence of alcohol.

  • You and your guest shall not be allowed to bring mobile, laptop or any smart device inside the yoga shala.  

  • To minimize disruption during classes held at DownDog, once a Yoga class commences, the relevant Yoga Shala door will be locked.  Members will not be permitted late entry to any class that has already commenced under any circumstances.  

  • You accept not to depart the class prior to their scheduled conclusion time as it is disruptive to the enjoyment of other students attending those classes.

  • DownDog’s working hours shall be displayed on DownDog Mobile app and DownDog Website.  DownDog reserves the right to make changes to the opening timings or to close DownDog (all or part thereof) for cleaning, renovation, periodic maintenance or for social gathering and public holidays.

3. Termination

  • DownDog may terminate your membership without notice for inappropriate offensive or illegal behaviour or if you are in breach of the terms and conditions, as determined by us, which occurs in our premises or is directed at our staff or other Downdog members: all decisions of DownDog under this clause are final and binding.

  • Termination of any membership contracts with DownDog before their completion must be paid in full.  Downdog shall be entitled to terminate your membership if your membership becomes overdue for more than 20 days.  Termination either by yourself during your currency of the contract or by DownDog shall not affect the right of DownDog to recover the unpaid fees, interest and related costs/expenses.  DownDog shall also be entitled to recover from you all costs and expenses incurred in connection with the recovery of the unpaid fees and interest and other losses or damages caused by you on an indemnity basis.

  • Courses, events, and workshops must be cancelled 14 days before the official start date.  Any cancellations within 14 days before the start date will not be refunded.

4. Class Booking and Cancellation

  • Our online booking schedule through DownDog mobile booking app opens 3 days in advance and that includes current day.  We highly recommend that you pre book your preferred class to avoid disappointment as peak hour classes normally get filled very soon.  Class bookings can be done using the ‘online booking system’, available on our mobile app (DownDog Yoga India), which can be downloaded from both Istore and Android Playstore.

  • No show - If you pre-book a class and fail to attend booked class, you shall be liable to pay Rs. 2000/ towards late cancellation/absent fee. 

  • Late cancel – If you cancel within 3 hours of the class start time, cancellation fees and temporary suspension of mobile booking app shall be implemented.  For Class Packs, you will forfeit one session class credit completely.  For Unlimited Membership Plans, you will be charged a one-off suspension fee of Rs. 2000 for every late cancellation and if late cancellations and/or no-shows exceed 2 in 30 subsequent days, Member's access to DownDog online booking app will be temporarily suspended for 30 days.

  • Class cancellations can be made up to 3 hours prior to the start of your class to avoid a late cancel/absent fee/forfeiture of the class/temporary suspension of DownDog online booking app (early cancellation window).

  • All members MUST sign-in at least 5 minutes before class starts, otherwise your space may automatically be released to Members on standby.  Members on the standby list, will be notified 5 minutes before the class starts, subject to space availability.  

  • We will not accept cancellations by phone, email, whatsapp or any other method other than through DownDog online booking app.

  • All requests for membership cancellation must be provided in writing.  All DownDog Membership Plans have no cancellation policy.  Cancellation only becomes effective after the contractual period of specific Membership plans ends and Member do not cancel their Membership.  Members need to give 14-day notice period and it must include one final billing date, and your membership will end at the end of that billing period.  You will receive an email confirmation from us that your membership has been cancelled.  If you do not receive a reply within seven days, please contact us again.  Please note that we are unable to issue refunds for non-attendance – it is each member’s responsibility to cancel membership when it is no longer required.

  • DownDog will use its reasonable endeavors to provide the services at the times specified but will not be liable for any loss or damage suffered by you or any third party for any late or cancelled classes or sessions, workshops, teacher training, including classes and sessions cancelled due to public holidays or otherwise.  We are not required to provide notice to you or such changes.  We are not liable to provide you with a refund, credit, transfer, or to offer compensation of any kind, for classes that are not held in accordance with the class schedule, including without limitation any classes that are changed or cancelled.

5. Membership Suspensions

  • You accept that membership suspensions are only allowed for Sukum 3, 6 and 12-months Unlimited Membership plans.

  • No membership suspension allowed for Sukum 1 month unlimited membership plan; Bhakti Class Packs; Samskara Class Packs; and Introductory Membership Plans.

  • For any permissible suspension, admin fee of Rs. 3500 + GST will be charged for each suspension period.

  • Minimum period of each permissible suspension is Two (2) weeks.

  • Maximum period of each permissible suspension is One (1) month.

  • Member is allowed maximum of One (1) permissible suspension during the 3 months Sukham term; Two (2) permissible suspension during the 6 months Sukham term and Six (6) permissible suspension during the 12 months Sukham Unlimited Membership.

  • You accept that DownDog do not allow suspensions for promotional membership plans that it brings out from time to time.

  • A minimum of one-week written notice of suspension must be given to DownDog through an email sent to - namaste@downdog.co.in.  No verbal temporary membership suspension requests will be accepted.

  • Members who find that they are unable to attend and utilize their membership for temporary reasons due to injury or illness can suspend the permissible fixed-term memberships only for up to maximum of 1 month/30 days.  You will need to furnish a written statement from qualified doctor clearly stating the injury/health issue and period required for recovery.  You accept, all decisions of DownDog under this clause are final and binding.

6. Membership Refund

  • DownDog reserves the right to close any of the DownDog Club(s) and withdraw any right conferred on you to use such facilities.  In such an event, DownDog reserves the right to suspend or cancel your rights to use without being liable to you for any compensation or damages.

  • You accept no refund of either joining fee or of subscription fees will be provided by DownDog, if you decide to cancel your membership which has prescribed lock-in period.  This applies to all short-term and Long-term memberships plans at DownDog.

  • DownDog shall not be held responsible for changes in the Government Bye-laws whether they are local, body corporate, state or central and as such is not liable for refunds of memberships if DownDog’s facilities, service and operating hours are affected due to such regulations.

7. Class Waitlist Management

  • If you are unable to confirm your booking online, put yourself on the waiting list of the preferred class.  Spots may become available for waitlisted clients with as little as 1 hour notice.

  • You will get a confirmation message (email or text message) once your waitlisted booking gets confirmed.  You accept the responsibility to either accept or decline the spot confirmation in the class.  We will not be held liable if you are unable to receive the text message, email on time.  You accept responsibility to check the DownDog Yoga India booking app regularly to make sure if you have been been added to the class from the waiting list.

  • You will be responsible to treat waitlisted class as a booked class; once a spot opens up for you in-class, the 3-hour window along with penalties/ class forfeiture applies automatically.

8. Late Arrival

  • All yoga sessions start and end on time.  You are responsible to arrive at the club at least 15 minutes before the class commences.  This will give you enough time to change into yoga attire and calm your nerves.  If you are more than Five (5) minutes late, you will not be allowed to enter the Yoga Shala.  

  • You shall be responsible for the late cancellation and penalties / class forfeiture will become applicable, if you are unable to attend the class on time.

9. Medical, Physical, or pre-existing health conditions

  • It is your full responsibility and voluntarily accept to let us know of any current or pre-existing medical, physical or health conditions that might restrict your participation in all or certain yoga classes at our clubs.

  • It is your full responsibility to ensure you have permission from your doctor if you have current or any pre-existing health, physical or medical conditions, but only from a legally accredited Doctor to practice any form of yoga at our club.

  • It is your responsibility, before beginning any Yoga session, to communicate any pain, sickness, chronic health issues, or other concerns you might have with the Yoga Instructor.  By sharing this information, you will empower the Yoga Instructor to tailor the class to the specific needs of the participants and ensure a safe and supportive Yoga practice environment.  

  • If your medical or health conditions changes after joining our club, it will be your sole responsibility and voluntarily accept to let us know.

  • It is your responsibility and voluntarily accept to inform the Yoga Teacher if she is pregnant or menstruating.

  • It is your full responsibility and acknowledge that participation in any DDI Yoga sessions at DDI (the “DDI Yoga sessions’), there is a risk of an injury that might result due to physical disability or improper alignment or not listening to the Yoga Teacher directions.  DownDog warns that whilst you are using the services at DownDog, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injury, joint injuries, permanent disability of death.  These injuries may occur from you slipping on wet flooring, performing yoga poses, being struck by any equipment used at DownDog, colliding with equipment or other members, engaging in strenuous yoga practice or incorrect practice of yoga.  You acknowledge that any such injury may result not only from your actions but from the action, omission, or negligence of others.  You acknowledge and agree that the above-mentioned injuries and potential causes of injury are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness, or death.

  • You understand and voluntarily accept that participation in some or all Yoga activities at DDI are physically demanding, and in particular you understand that all or some yoga sessions at DDI provided at DDI will be held in a heated and humid environment of between 30 degrees centigrade to 42 degrees centigrade and in extreme humidity of around 97%, which will impose extra physical demands on you over and above those which you would experience at ambient temperatures and in much lower humidity environment when engaging in any or comparable physical activity.  If you book a heated class, you are and will continue to be fit and able to participate.  In the event you are unable to complete a heated class once in attendance, you will not be entitled to a refund.

  • You fully accept that we are not medical professionals or accredited doctors and not qualified to guide you on your current or pre-existing medical, physical or health conditions and your physical ability to attend all or some DDI Yoga sessions.

  • You acknowledge and voluntarily agree not to use any of the DownDog facilities or participate in any physical activity at DownDog whilst suffering from any infections or contagious illness, disease or other ailment including but not limited to COVID, open wounds, skin disorders, where there is any risk that such use or participation in such condition may be detrimental to the health, safety, comfort or physical condition of other users practicing at DownDog; you will immediately bring any such matters to the attention of DownDog staff.

  • You hereby acknowledge and voluntarily accept the risks of injury involved in participation in any Yoga classes conducted at DownDog or in any location outside the DownDog facility but under the DownDog brand.  To the fullest extent permitted by applicable laws, you hereby agree DownDog shall not be liable in contract, tort (including without limited negligence), pre-contract or other representations or otherwise out of or in connection with your voluntarily participation in yoga sessions conducted at DownDog

  • By agreeing to these terms and conditions you fully accept that you do not have any current or pre-existing detrimental medical, physical or health conditions, you are not aware of that may prevent you from participating in any of the yoga classes taught at our club.

10. Miscellaneous

  • All purchases are final.  DownDog will not provide a refund for missed classes for change of mind, temporary ill health or otherwise.  If you know you will be unable to attend a class, you are responsible to cancel your booking as per cancellation terms and conditions in accordance with clause 4.

  • DownDog’s failure to enforce any of these Terms and Conditions shall not be construed as a waiver of any of DownDog’s rights.

  • You are required to treat all persons and property at DownDog with all due care and respect.

  • We strongly recommend you refrain from bringing any valuable personal belongings to DownDog and store your personal belongings in either clothing locker or mobile charging locker.  We shall not be responsible for any loss or any damage to personal belongings you bring to DownDog.

  • If any provision of these terms and conditions is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these terms and conditions.

  • A person who is not party to this Agreement shall have no right under the contracts (rights of third parties) Act to enforce any terms of this Agreement.

11. Limitation of Liability

10. Miscellaneous

  • You hereby acknowledge that you fully understand and voluntarily accept the risks of injury involved through participation in use of any Yoga services and facilities offered at DownDog.  To the fullest extent permitted by applicable laws, you hereby agree the DownDog, and its entities shall not be liable in contract, tort (including without limited negligence), pre-contract or other representations or otherwise out of or in connection with your voluntary participation in any service offerings being offered at DDI, for any claims, demands, damages, economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill, or special or indirect consequential losses in any case.  You further agree not to hold DDI and its entities liable for any willful act or omission, default, fraud or negligence of any other person or guest or third party within DownDog and its entities.  You hereby release DownDog India and its entities from all claims relating to any service offerings offered at DownDog India, voluntary participation in any Yoga session at DownDog India or from otherwise entering our premises.

  • You acknowledge that DownDog India and its entities are absolved to the fullest extent of all liability arising from a damage or theft of any property belonging to, or brought into DownDog India by a qualified DownDog India member or any guest, occurring within the club howsoever caused and that the DownDog India contractual rights and remedies, as well as those available at law or equity are independent and cumulative.

  • You hereby agree to defend and fully indemnify on demand and hold DownDog India and its entities from and against all liabilities, claims, expenses, damages and losses including legal fees (on an indemnify basis) which DownDog India and its entities may suffer arising from any breach of these terms and conditions by you, or in connection with any act, omission, negligence or conduct of you or your guest, or in connection with any other liabilities arising out of your or yours guests use DDI facilities.  

  • Except as the Terms and conditions specifically states, or as contained in any express warranty provided in relation to the goods or services, there Terms do not include by implication any other term, condition, or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design, teaching, or performance of the goods, teaching service or any contractual remedy for their failure.

12. Verbal Agreement and Waiver

  • You accept to submit all your concerns, grievances, complaints in writing through a prescribed form at the DownDog reception.  

  • DownDog will not honour or entertain any verbal agreements that are claimed by any member to have been made by any staff member at DownDog that do not follow DownDog general terms and conditions.

  • Failure by DownDog to enforce any of its right at any time for any period shall not be construed as a waiver of such rights.

13. Dispute Resolution and Jurisdiction

  • Any disputes and differences arising in relation to the DownDog club rules and regulations, and its interpretations shall be settled by arbitration, in accordance with the provisions of The Arbitration & Conciliation Act 1996 or any statutory amendments thereof and shall be referred to a sole arbitrator appointed by DownDog and arbitral proceedings shall be conducted in New Delhi.  The language of arbrital proceedings shall be English.  DownDog and the member shall bear their own expenses of arbitration and sitting fee of the arbitrator.  The validity, construction and performance of DownDog Membership Application Form and DownDog Terms and Conditions shall be interpreted in accordance with the laws of India.

14. Force Majeure

  • DownDog is not liable in any way howsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war.  If any event of Force Majeure occurs, DownDog may suspend or terminate the Agreement by written notice to you.

15. Covenants of the Parties

  • By signing the DownDog Membership Form and DownDog Terms and Conditions, you hereby voluntarily agree to have read, understood, and fully accepted the contents of both DownDog Membership Application Form and DownDog Terms and Conditions.  You agree that it is valid and binding document and can be enforced by DownDog in accordance with the law, if any terms and conditions are broken.

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