Terms and Conditions

S T U D I O C L A S S E S

Booking and Cancellation Policy

Please arrive 15 minutes before your class starts. For safety and security reasons, the studio doors will be locked at the start of each class and late entry will not be allowed.
Classes can be booked via our website schedule or our MBO app.
Booking opens 7 days prior to class.

Cancellations must be made at least 2 hours prior to the class start time to avoid a fee.

If you cancel within 2 hours of class start time you will incur:

$10 late cancellation fee (with the exception of class pack holders, who will forfeit that class visit)
Any no-shows (a class that was booked and not attended, without informing the studio) will mean you forfeit that visit and direct debit will result in a $15 absent fee.

The late fee and no-show fee are non-refundable. This policy exists to ensure everyone has a chance to attend.

rare studios au is not liable to refund, transfer or offer compensation of any kind for classes that are late, changed or cancelled for any reason.

rare studios au is not responsible for the safe keeping of your belongings.

Classes are subject to change or cancellation without notice. Teachers are subject to change without notice.

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Weekly Unlimited Contracts

Our direct debit memberships give you unlimited practices at rare studios au.
A 6 week minimum commitment period. Your contract will simply continue to roll on fortnightly until you’d like it to stop.
A 14 Day notice period before your next scheduled payment is required for membership cancellation. Any membership payments during this noticed period are non-refundable.
Membership cancellations can only be made via email and you will receive an email response to confirm your request. If you don’t receive this confirmation within 7 days of your request, please contact us.
Suspensions can only be requested in writing and with a minimum of 1 week's notice. All suspensions must be in 2-week increments, so please keep this in mind when providing your suspension dates. Days that have been paid for will be made available for use at the end of the suspension.

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W O R K S H O P S

Workshops Cancellation and Refund Policy

Workshop cancellations can only be made via email and require 3 business days notice.
No refunds or credits will be issued for cancellations made within 48 hours of the start of the workshop for any reason. However, it is possible to transfer your workshop booking to a friend.
Any non-cancellations will mean you forfeit that visit.
rare studios au and/or guest teachers reserve the right to cancel any workshop without notice. In this case, a full refund will be given.

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T R A I N I N G S

Trainings Cancellation and Refund Policy

The $500 deposit for Teacher Trainings are not refundable.
A non-refundable 50% of the course fee will be charged for cancellations made 15 days before the start of the training.
No refund will be given for cancellations made within 14 days of the start of the training.
rare studios au and/or guest teachers reserve the right to cancel any training without notice. In this case, a full refund will be given.

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R E T R E A T S

Retreat Cancellation and Refund Policy

The deposit paid to secure your spot is non-refundable and cannot be transferred to another retreat.
Full payment of the retreat is generally required at least 90 days prior to the start of the retreat.
If you cancel your retreat booking more than 60 days prior to the start of the retreat, your deposit will be retained as the cancellation fee.
Cancellations made at or within 90 days prior to the start of the retreat will result in 100% of the retreat fee being non-refundable.

If your retreat is cancelled by us at any time up to the day of arrival you will be offered the option to:

Move to a new retreat date
Change your booking into a rare studios au account credit
Receive a full refund

We strongly advise our guests to obtain travel insurance that includes provisions for cancellation and curtailment from reputable insurance providers.

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R.A.R.E. STUDIOS

TERMS AND CONDITIONS

These terms and conditions (Terms) are between R.A.R.E. Studios Pty Ltd (ACN 663 056 675), (we, us or our) and you, the person purchasing from us (you or your), together the Parties and each a Party.

1. DISCLAIMER & RISK WARNING

Risk Warning

Please note that your participation in the Classes may expose you to the risk of physical harm or personal injury. The risk of physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level or the equipment supplied by us to you, or otherwise used by you. You agree that physical harm or personal injury may arise from you or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Class. We limit our liability as permitted under the Australian Consumer Law, please see the Recreational Classes clause below.

Medical Disclaimer

Neither we or our Personnel are health professionals, and do not give medical advice, treatment cures or diagnoses. The Classes and any other information provided through the Classes are intended to provide general wellbeing benefits. You acknowledge and agree that nothing in the Classes may be taken to be medical advice, treatment, cures or a diagnosis by us or our Personnel, nor are they intended to be a substitute for consulting a health professional. You should seek immediate medical attention if you believe you may be suffering from a medical condition, and you agree not to participated in the Classes until you have received medical attention from a registered medical practitioner in relation to your medical condition.

2. DISCLOSURES

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

unless your Membership is terminated in accordance with these Terms, your Membership will roll over on an ongoing fortnightly basis;
you waive and release us, our affiliates and our Personnel from any responsibility or legal liability in connection with the Classes to the extent they are a dangerous recreational activity or a recreational service, in accordance with the Risk Warning set out above and in these Terms.

Nothing in these Terms limit your rights under the Australian Consumer Law.

3. ACCEPTANCE & CLASSES

3.1 You accept these Terms by making part or full payment of any amount of the Price.
3.2 In consideration of your payment of the Price, we will provide the yoga class or classes (Class) to you in accordance with these Terms, whether ourselves or through our employees, teachers, subcontractors or agents (Personnel).
3.3 You may purchase a casual Class (Casual Class), a pack of Classes or introductory offer (Class Pack), or other offering by making payment of the applicable Price upfront. The types and numbers of Classes will be set out on the Website at the time of purchase.
3.4 Class Packs are valid for the corresponding time frame listed on the Proposal or the Website (Period) from the date you [purchase a Class Pack/make the first Booking]. You forfeit any Classes that you do not book and attend within the Period.
3.5 The payment methods we offer for the Price are set out on the Website or in the Proposal (as applicable).

4. MEMBERSHIPS

4.1 You may purchase a membership (Membership) by paying the applicable Price in advance on a fortnightly basis (Billing Cycle). Your Membership is for you only and cannot be transferred or shared with others.
4.2 Your Membership will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Price in connection with each subsequent Billing Cycle unless and until you cancel your Membership.
4.3 We may offer payment through a third-party provider Stripe which may require you to accept Stripe’s terms and conditions.
If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account or card in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account or card for which you provide details.
We may need to change the Price from time to time. If we change the Price, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Price to your Membership. If you do not agree to the price change, you may cancel your Membership by providing us with 24 hours’ written notice.
You may request to cancel your Membership at any time by providing us with 24 hours’ written notice. Your cancellation will take effect from the end of the current Billing Cycle.

5. BOOKINGS

5.1 We will provide you with our schedule of available Classes and you may request to book an available Class via the Website.
5.2 You may request to book Classes as part of a Class Pack, Casual Class or Membership after you pay the applicable Price. Once you choose an available Class, we will send you confirmation of the Class and your request will convert to a booking (Booking).

6. PAUSES, RESCHEDULING & CANCELLATIONS

6.1 By providing 7 days’ written notice, or as otherwise set out on the Website, you may pause the Period or your Membership for a maximum of eight weeks.
6.2 All requests to reschedule or cancel a Booking must be made by the Website and will be subject to availability.
6.3. If you cancel or reschedule less than 2 hours before the start of the Class, you will not be able to get a refund or reschedule the Class to a different time, and if included in a Class Pack, the Class will be forfeited.

7. YOUR OBLIGATIONS

You represent, warrant and agree that:

you will comply with our (and our Personnel’s) reasonable requests or requirements;
the information you provide to us is true, correct and complete;
you will not attend a Class if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of others; and
where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in a Class, you will inform us and either not participate the Class or receive consent from a medical professional to participate in the Class.

8. RECREATIONAL SERVICES

In the course of exercising or engaging in any recreational activities while participating in a Class, if you are killed or injured, we will not be liable except to the extent caused by our reckless conduct. A person’s conduct is reckless if the person is aware, or should have reasonably been so, that there was a significant risk that their conduct could result in personal injury and, despite this, engages in the conduct without adequate justification.

Under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that the recreational services we supply to you:

are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and
might reasonably be expected to achieve any result you have made known to us.

Under the Australian Consumer Law, we are entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept these Terms, you will be agreeing that your rights to sue us under the Australian Consumer Law if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded in the way set out in these Terms.

9. LIABILITY

Despite anything to the contrary but subject to your rights under the Australian Consumer Law, to the maximum extent permitted by law:

neither Party will be liable for any consequential or indirect loss;
a Party’s liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
our aggregate liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Class or Classes to which the liability relates.

This clause will survive the termination or expiry of these Terms.

10. CANCELLATION

Should we suspect that you are in breach of these Terms, we may suspend your Membership or Class Pack while we investigate the suspected breach and if we reasonably believe you are in breach, we may cancel your Membership or Class Pack.
This clause will survive the termination or expiry of these Terms.
In the event that we terminate or suspend your membership or class pack under this Agreement, we will determine whether you are entitled to any refund of payment on a case by case basis at our sole direction.

11. GENERAL

Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties.
Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.

12. DEFINITIONS

Price means the price set out in the Proposal or the price in accordance with the Casual Class, Class Pack, Membership or other Class option you choose on our Website.

Proposal means, if applicable, the form outlining the Class, Class Pack, Workshop or Membership details, to which these Terms are attached by reference.

Website means both www.rarestudiosau.com and the MindBody platform booking system.

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For any questions, please contact us at:

R.A.R.E. Studios Pty Ltd (ACN 663 056 675)

Email: hello@rarestudiosau.com

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Privacy Policy

R.A.R.E STUDIOS – PRIVACY POLICY

R.A.R.E Studios Pty Ltd (ABN 663 056 675) (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our yoga classes, workshops and retreats (Services) or when otherwise interacting with you.

The information we collect

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

The types of personal information we may collect about you include:

Identity Data including first name, middle name, last name, title, date of birth, gender, pronouns and images of you.
Contact Data including billing address, email address and telephone numbers.
Financial Data including bank account and payment card details (through our third party payment processor, Stripe).
Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
Technical and Usage Data including internet protocol (IP) address, your login data, your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour, information about your access and use of our website, including through the use of Internet cookies, your communications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
Profile Data including your username and password for our Services, profile picture, purchases or orders you have made with us, support requests you have made, information you have shared with our social media platforms, your interests, preferences, feedback and survey responses.
Interaction Data including information you provide to us when you participate in any interactive features of our Services, including surveys, contests, promotions, activities or events.
Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
Sensitive information (including health information) is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. In the course of providing our Services, we may collect, or come across such sensitive information in different situations, including where we ask whether you have any injuries before or during classes, workshops or retreats. The types of sensitive information we collect include:

information about your physical health; and
details about your injuries or ailments.

How we collect personal information

We collect personal information in a variety of ways, including:

Directly: We collect personal information which you directly provide to us, including when you register for a class or for our Services, through the ‘contact us’ form on our website or when you request our assistance via email, in-person or over the telephone.
Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone, in-person and in your online enquiries.
From third parties: We collect personal information from third parties, such as from the MINDBODY platform and details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.
From publicly available sources: We collect personal data from publicly available resources such as professional networking sites such as LinkedIn.

Why we collect, hold, use and disclose personal information

We have set out below, in a table format, a description of the purposes for which we plan to collect, hold, use and disclose your personal information.

Purpose of Use / Disclosure

Type of Personal Information

To provide our Services to you, including to register your attendance at our classes, workshops or retreats or to provide you with a membership.

Identity Data
Contact Data

To contact and communicate with you about our Services including in response to any support requests you lodge with us or other enquiries you make with us.

Identity Data
Contact Data
Profile Data

To contact and communicate with you about any enquiries you make with us via our website.

Identity Data
Contact Data

For internal record keeping, administrative, invoicing and billing purposes.

Identity Data
Contact Data
Financial Data
Transaction Data

For analytics, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms.

Profile Data
Technical and Usage Data

For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you.

Identity Data
Contact Data
Technical and Usage Data
Profile Data
Marketing and Communications Data

To run promotions, competitions and/or offer additional benefits to you.

Identity Data
Contact Data
Profile Data
Interaction Data
Marketing and Communications Data

If you have applied for employment with us; to consider your employment application.

Identity Data
Contact Data
Professional Data

To comply with our legal obligations or if otherwise required or authorised by law.

Any relevant Personal Information

Sensitive information (including health information): We only collect, hold, use and disclose sensitive information for the following purposes:

any purposes you consent to;
the primary purpose for which it is collected, to ensure our Services are suited to any injuries you may have;
secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to provide our Services to you;
to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and
if otherwise required or authorised by law.

Sensitive Information (including health information)

Our disclosures of personal information to third parties

We may disclose personal information to:

our employees, contractors and/or related entities;
IT service providers, data storage, web-hosting and server providers, such as MINDBODY;
marketing or advertising providers;
professional advisors, bankers, auditors, our insurers and insurance brokers;
payment systems operators such as Stripe;
our existing or potential agents or business partners;
sponsors or promoters of any promotions or competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties to collect and process data, such as Google Analytics (To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time), Meta Pixel or other relevant analytics businesses; and
any other third parties as required or permitted by law, such as where we receive a subpoena.

Google Analytics: We may have enabled Google Analytics Advertising Features including Remarketing Features, Advertising Reporting Features, Demographics and Interest Reports, Store Visits, Google Display Network Impression reporting etc. We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together.

You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.

Overseas disclosure

While we store personal information in Australia, where we disclose your personal information to the third parties listed above, these third parties may store, transfer or access personal information outside of Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you also have the right to contact the Office of the Australian Information Commissioner.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Personal information from social network accounts

If you connect your account with us to a social network account, such as Facebook or Google, we will collect your personal information from the social network. We will do this in accordance with the privacy settings you have chosen on that social network.

The personal information that we may receive includes your name, ID, user name, handle, profile picture, gender, age, language, list of friends or follows and any other personal information you choose to share.

We use the personal information we receive from the social network to create a profile for you on our website.

If you agree, we may also use your personal information to give you updates on the social network which might interest you. We will not post to your social network without your permission.

Where we have accessed your personal information through your Facebook account, you have the right to request the deletion of personal information that we have been provided by Facebook. To submit a request for the deletion of personal information we acquired from Facebook, please send us an email at the address at the end of this Privacy Policy and specify in your request which personal information you would like deleted. If we deny your request for the deletion of personal information, we will explain why.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact our Privacy Officer at:

R.A.R.E Studios Pty Ltd (ACN 663 056 675)

Email: hello@rarestudiosau.com

Last update: 9 February 2023

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Terms and Policies