1. DEFINITIONS

Addendum” means the Addendum attached to the conditions;

Application” means the Application by you for a place on the Course;

Application Form” means the technique you use to make an Application – this may be the submission of an application form on the Website or a full application form submitted by email or post.

Business” includes a trade or profession;

Commencement Date” the first day of the Course requiring your attendance, as detailed within a communication from Yoga Kula or as otherwise notified to you;

Consumer” means an Individual who is not engaging for relevant purposes in any Business capacity;

Course” means the yoga teacher training course advertised on the Website and elsewhere for which you have submitted an Application and in respect of which you have successfully undertaken a suitability interview;

Course Fees” means the fees charged by Yoga Kula Limited in respect of a course, support services, course materials, awarding body fees, and payable by you;

Deposit” means the sum in pounds sterling payable by you to secure a place on a Course;

Yoga Kula” or “we, us or our” means Yoga Kula Limited (Company Number 8908917) whose registered office is at 29 Temple Lane, Copmanthorpe, York, North Yorkshire YO23 3TB and whose main business address is Suite 2a, Chapel Allerton House, 114 Harrogate Road, Chapel Allerton LS7 4NY;

Individual” means any natural person who is acting for purposes wholly or mainly outside his or her trade, business, craft or profession;

Suitability Interview” means an interview at which Yoga Kula assesses your suitability for the course following on from your application and subsequent to which acceptance of you on the Course;

Website” means the website under the domain name https://www.yogakulaleeds.co.uk ;

you, your” or “trainee” means the student on the Course;

Each reference in these Terms and Conditions to writing and any similar expression includes electronic communications whether sent by e-mail, fax or other means.

  1. Information About Us

2.1 — The Website is a site operated by us. We are registered in England and Wales under Company Number 8908917 whose registered office is at 29 Temple Lane, Copmanthorpe, York, North Yorkshire YO23 3TB and whose main business address is Suite 2a, Chapel Allerton House, 114 Harrogate Road, Chapel Allerton LS7 4NY.

2.2 — Our teacher training course is registered and approved by the Yoga Alliance Professionals.

2.3 — All of our tutors are fully qualified yoga teachers. Our Senior Yoga Teachers are registered as such with Yoga Alliance Professionals as professional yoga teachers.

  1. Your Status

By making an Application you warrant that:

3.1 — You are legally capable of entering into binding contracts;

3.2 — You are at least 18 years old; and

3.3 — You are dealing as a Consumer.

  1. General

4.1 — These Terms and Conditions govern the sale and provision of the Course by us and will form the basis of the contract between us and you.  Before taking up your place on the course  please ensure that you have read these Terms and Conditions carefully.

4.2 — Your submission of an Application will constitute an offer by you to take a place on the Course on these Terms and Conditions and at the price of the Fee. After submitting an Application, you will receive an e-mail from us acknowledging that we have received your Application and informing you about these terms. Please note that this does not mean that your Application has been accepted.  Other than in exceptional circumstances, we shall invite you to a Suitability Interview at our studios to assess your suitability for a place on the Course.

4.3 — If following the Suitability Interview we deem you to an appropriate person to attend the Course, we shall accept your offer and confirm a place for you on the Course, conditional upon payment of the Deposit. The agreement made with you at our studios will be legally binding at that stage.

4.4 — We shall ensure that the following information is given or made available to you prior to the formation of the contract between us and you save for where such information is already apparent from the content of the transaction.

4.4.1 — The Course which we will be providing;

4.4.2 — Our identity and contact details for the Course;

4.4.3 — The total price for the Course;

4.4.4 — Arrangements for payments;

4.4.5 — Our complaints handling policy which is obtainable on request at our studios or by going to ; and

4.4.6 — The duration of the contract where applicable or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract.

4.5 — By making a booking you agree to be bound by these terms and conditions which shall prevail over any inconsistent terms or conditions contained or referred to in any other documents.

4.6 — We draw your attention to Clause 13 in relation to limitation and exclusion of our liability to you.

  1. Providing the Course

5.1 — As required by law we will provide the Course with reasonable skill and care, consistent with best practices and standards, and in accordance with any information provided by us about the Course and about us.

5.2 —We will make every reasonable effort to provide the Course on time but will not be responsible for any delays if the event is outside our control see Clause 18.

5.3 — If we require any information or action from you in order to provide the Course we will inform you of this as soon as reasonably possible.  If the information or action required of you under this sub clause is delayed incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result.  If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part we may charge you a reasonable additional sum for that work.  In the circumstances for example where there is a delay in you sending us information or taking action required under this sub clause, we may suspend your permission to attend the Course (and will inform you of that suspension in writing).

5.4 — In certain circumstances for example where we encounter a technical problem we may need to suspend the Course in order to resolve the issue.  Unless the issue is an emergency and requires immediate attention we will inform you in advance in writing before suspending the Course.

5.5 — We always use reasonable efforts to ensure that our provision of our Course is trouble free. If, however, there is a problem with the Course please inform us as soon as possible and we will try to remedy problems with the Course as quickly as is reasonably possible and practical.

5.7—We will not charge you for remedying problems under this clause 5 where the problems have been caused by us, any of our agents or employees or sub-contractors or where nobody is at fault. If we determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, clause 5.3 will apply and we reserve the right to charge you for remedial work.

  1. Legal Rights

6.1—As a consumer you have certain legal rights with respect to the purchase of the Course under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015. For details of your legal rights and guidance on exercising them it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office

  1. Course Places And Deposit

7.1—All Course places are subject to availability and are on a first-come first-served basis, subject to your generally being able to demonstrate at least 2 years experience practicing yoga on a regular basis.

7.2—We will be pleased to accept your Application for a place on the Course in accordance with clauses 4.2 and 4.3 above.  Upon our acceptance of your Application, you will become liable to pay the Deposit, which is strictly non-refundable and thereafter pay the balance of the Fees in accordance with clause 8 below.  The Deposit must be paid within 7 days of our acceptance of your Application at our studios. If you fail to pay the Deposit within that timescale, your place on the Course may be lost.  

7.3—Payments must be made via a bank transfer and you will be issued an invoice which will include payment terms

  1. Course Fees

8.1—The Course Fees detailed on the Website are subject to change from time to time and are indicative only.

8.2—The cost of the Course will be clearly provided to you prior to you submitting your Application. If you do not pay the Deposit within 7 days of acceptance to the Course, any place we may be able to provide to you may be subject to a change in price if we subsequently alter the Course Fees (after the date of acceptance but before payment of the Deposit). We shall notify you of this in writing.  The balance of the Fees is payable after you successfully complete  the Suitability Interview at a date that we shall notify to you..

8.3—Monthly payment plans in respect of the Course Fee are available for individuals upon request, however certificates will not be issued until all Course Fees have been received by us. Further details are provided separately.  All payment plans are subject to status.

8.4—Interest will be charged to Individuals on any overdue amounts payable to us pursuant to this agreement at the rate of 2% a year above the base lending rate of HSBC Bank Plc from time to time. This interest shall accrue on a daily basis from the due date of payment until the date of actual payment of the overdue amount, whether before or after Judgement. You must pay us interest together with the overdue amount.

8.5—If you are a Business then all payments for Course Fees are due within 14 days of invoice.

8.6—Yoga Kula reserves the right to charge interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 on any amounts overdue for bookings made by Businesses. If you have not paid the Course Fees by the start date of the Course we reserve the right to withdraw your place on the Course and charge you a cancellation fee in accordance with Clause 9.

8.7—Your place on the Course may be at risk if you do not pay the Course Fees when due. In addition, we reserve the right to pursue a claim against you for any outstanding fees and losses arising from any delayed or deferred payment. We also reserve the right to pass on your debt to our appointed recovery specialists who will recover the funds on our behalf: this route will inevitably incur additional charges and fees.

  1. Cancellations

9.1—Once a Business application has been accepted for a Course then there are no cancellation rights available. Businesses placing bookings can substitute a person from the same organisation providing the substitute is accepted by us in accordance with clauses 4.2 and 4.3.  It is the responsibility of the Business to ensure that any Learning Materials supplied are passed to the new attendee. If we are required to re-issue Learning Materials, these will be chargeable in accordance with the fees set out in the Addendum.

9.2—In respect of Individuals in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015, where the Agreement is reached:-

9.2.1—on our premises, you cannot take advantage of the Cooling-off rights contained within the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, but may cancel otherwise in accordance with clauses 9.4 to 9.7 below.

9.2.2—outside of our premises, you may cancel the Agreement by submitting to the address below, or via email to info@yogakulaleeds.co.uk the appropriate cancellation form. This form must be submitted within 14 days of the date your Course booking was made (“Cooling-off Period”) and can be retrieved from:-

https://www.yogakulaleeds.co.uk/info/policies/cancellation .

You do not have to use this form if you do not wish to and instead may use any other form that gives a clear statement of your desire to cancel.

9.3—If you cancel a Course under clause 9.2.2, you will be entitled to a refund of all monies paid [save for the Deposit] within 14 days of receipt by us of any materials supplied to you, provided that these are fit to be reused.  A deduction will be made where materials are not in an “as new” condition and fit to be re-issued to another student.

9.4—If you cancel a Course after the end of the Cooling-off Period, but more than 60 days prior to the commencement of a Course, then you will be liable to pay a sum equal to the difference between the deposit paid and 50% of the total Course Fees.

9.5—If you cancel a Course within 60 days of the Commencement Date of the Course then you are liable to pay all Course Fees.

9.6—If your Commencement Date is within 14 days of the date of your booking is made, your legal right to cancel this agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will not apply.

9.7—If you attend any of the Course, you waive your right to cancel this agreement. In cases of serious illness, injury, pregnancy, redundancy or similar, we shall have the right in our sole discretion either to issue a partial refund to you or to defer your Course to a subsequent year.

9.8—If we have provided you with Course Materials, you must return these to us within 7 days of your cancellation date. All Course Materials must be returned before any refund will be paid to you. If you do not return the Course Materials, or they are returned damaged, you will be liable for the cost of replacing them.  Course Materials will be charged at the rates shown in the Addendum.  We reserve the right to amend from time to time fees shown on the Addendum and will notify you 28 days prior to any change

9.9—If we reserve you a place on a Course and you fail to attend without formal cancellation pursuant to Clauses 9.3, 9.4, 9.5 or 9.6, you will be liable for the entire Course cost, irrespective of whether you intend to complete the Course at a later date or not.

  1. Online Learning

10.1—The Course may involve online learning programmes in addition to practical and tutor contact sessions.    Accordingly, we shall provide you with a username and password to access the relevant part of the Website or any relevant external platform provider. 

10.2— Access to the online learning platform is restricted to a specific time frame which we will notify to you in writing within the platform.

10.3—All online work must be completed by the planned learning end date detailed in the online learning platform. If any work remains outstanding 1 month after the planned learning end date you will fail the Course.

10.4—Use of the Website will also be subject to the Website terms and conditions of use that can be viewed at https://www.Yoga Kula.co.uk/info/website-terms-and-conditions/.

  1. Course Materials

11.1—The Course Materials will be at your risk from the time of receipt.

11.2—Ownership of the Course Materials will only pass to you when we receive full payment of all sums due from you in respect of the Course.

11.3—We are the owner or the licensee of all intellectual property rights in the Course Materials and all rights in the design text graphics and other material on the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

11.4 —Where Course Materials are provided online or by email you may print off copies, and you may download extracts, of any page(s) from our Website for learning purposes only. You must not modify the paper or digital copies of any of the Course Materials we have sent to you or you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

11.5—You must not use any part of the Course Material on our site for commercial purposes.

11.6—Training manuals are charged at varying prices to reflect the different development and production costs involved.

11.7—Replacement Course Materials are available upon request but only when the fees set out in the Addendum have been received by us.

  1. Course Venue & Dates

12.1—Yoga Kula reserves the right to change Course venues and dates. This is usually done to ensure that the high standard of training associated with Yoga Kula is maintained. In the event of a venue change, we will use all reasonable endeavours to minimise disruptions to your learning and will inform you in writing or by telephone.

12.2—Wherever possible Yoga Kula endeavour to re-arrange a Course as soon as possible. Any Course fees payable by you will be transferred to the new Course. If we have to postpone a Course on more than one occasion, then we will offer to refund to you the Course fees you have paid.

12.3—Venues and accommodation are provided by and subject to the terms and conditions of the providers. You must ensure that you observe all requirements of those providers, particularly as regards health and safety.

  1. Limitation Of Liability

13.1—We shall not to the extent permitted by law be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, loss of anticipated savings, loss of data or waste of time).

13.2—Nothing in these terms and conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence nor any liability for fraudulent, misrepresentation as to a fundamental matter, nor any other liability which cannot be  excluded or limited under applicable law.

13.3—Nothing in these terms and conditions shall affect your statutory rights as a consumer under the Consumer Rights Act 2015, Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013.

  1. Events Outside Our Control

14.1—We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

14.2—A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation), the following:

14.2.1—Strikes, lock-outs, or other industrial action; or civil commotions, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

14.2.2—Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or

14.2.3—Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

14.2.4—Impossibility of the use of public or private telecommunications networks.

14.3—Our obligations to you are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event.

  1. Your Responsibility

15.1—It is your responsibility to attend the Course that you have booked with us. We cannot and will not be liable or responsible for any failure on your part to attend part or all of a Course that you have booked, irrespective of the reason(s). 

15.2— The course is not easy and it is your responsibility to commit the requisite level of time and effort to your studies to enable you to achieve the requirements of the qualification, as dictated by the awarding organisation Yoga Alliance Professionals. While we will endeavour to support you as best as we can throughout your Course, we cannot accept any liability for any shortfall on your part to achieve the required assessment standards.

15.3—You are responsible for ensuring that you complete your Course within the allocated time frame.

19.4 —It is your responsibility to ensure that all of the assessments and assignments you undertake are entirely your own work. Any proven incidences of plagiarism within any assessment will result in possible sanctions being imposed on you. Such sanctions could include but are not limited to re-assessment charges being levied, the re-completion of all course assignments or your removal from the Course. In the event that you are removed from the Course, you will not be entitled to a refund of any monies paid and will still be liable for any outstanding fees due. We will also be required to disclose such malpractice to the awarding organisation, who may also prevent you from accessing this course with another provider.

  1. Information And Data

16.1—Any personal information or data supplied by you in your Application (as defined by the EU General Data Protection Regulation (GDPR) 2016/679) will only be used to fulfil our obligations under the terms of this Agreement. We will ensure that we are fully compliant with the provisions of the GDPR.

16.2—In fulfilment of our obligations under the GDPR we will have such systems in place to ensure:

16.2.1— Full compliance with the GDPR;

16.2.2 —Compliance with the 6 Privacy Principles of the GDPR;

16.2.3 —Compliance with the 8 Rights that you have under the requirements of the GDPR;

16.2.4 —The reliability of all our employees and sub-contractors who may be involved in processing personal information and data

16.3 —Any information and data provided by you in your Application or throughout the delivery of the Course shall be stored within our information systems. By making an Application you consent to this information and data being stored.

16.4 —We will take all reasonable precautions to preserve the security and integrity of any information or data you supply to us to prevent any corruption, loss, damage, destruction or breach.

16.5—As is our duty as a Data Controller, we will take all reasonable steps to ensure that all of our agents, partners, sub-contractors and awarding bodies (herein referred to as “Data Processors”) comply fully with all of the provisions set out above whenever they are required to process your information and data as part of this Agreement. All of our Data Processors are required to sign a written contract outlining their responsibilities and liabilities before they are permitted to process your information and data.

16.6—For more information on our data protection provisions, look at our Privacy Policy which you will find by visitinghttps://www.yogakulaleeds.co.uk/privacy;

  1. Legal

17.1—Notification of queries or complaints must be made to Yoga Kula in writing within 7 days of receipt of the Service and or invoice whichever is the later.

17.2—Any indulgence, relaxation or non-enforcement by Yoga Kula of Yoga Kula’s rights under these terms and conditions shall not act as a waiver of and shall be without prejudice to those rights.

17.3—If any Court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

17.4—A person who is not a party to the agreement made between you and Yoga Kula has no rights under the Contracts (Rights of Third Parties) Act 1999 in respect of such agreement and/or these terms and conditions.

17.5—These terms and conditions shall be governed by construed and enforced in all respects in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.

17.6—For clarification on any of the aforementioned terms and conditions, please contact Yoga Kula in writing at;

Suite 2a, Chapel Allerton House, 114 Harrogate Road, Chapel Allerton LS7 4NY

Email: info@yogakulaleeds.co.uk

Phone: 07445 625645

 

ADDENDUM TO THE GENERAL TERMS OF BUSINESS

This addendum sets out our fees in respect of the products and Course outlined in our Terms of Business.

REPLACEMENT LEARNING MATERIALS:

Replacement learning materials will be chargeable at the following rates:

Training manual: £25.00

*inc of UK postage.

CERTIFICATES:

Certificates will be charged at the following rates:

Replacement certificates: £45.00

MONTHLY PAYMENT PLANS: 

We may in our discretion allow Individuals to pay Course Fees on a monthly payment plan. If so we will notify you of: –

  • the amount of the Deposit and the date when it is due; and
  • the amount and due date of each monthly payment.

Subject to your right of cancellation in clauses 9.3, 9.4 and 9.5 of our Terms of Business, you have an absolute obligation to pay the Course Fees which is not affected by the fact that the time for payment is spread over a monthly payment plan.

This means that if you are paying for your Course on a monthly payment plan and you subsequently cancel/stop your payments before your Course Fees have been paid in full, or if any payment is returned unpaid by your bank, we reserve the right to charge an administration fee of £20.00 for dealing with each returned payment in addition to our right to pursue you for payment of the Course Fees.

If there are 2 consecutive payments cancelled or returned unpaid by the bank, your full outstanding balance for Course Fees will become immediately due together with the administration fee, irrespective of the original due date on your monthly payment plan.

 

Practice Experience

Trainees embarking on the Yoga Kula Teacher Training Course should have at least 2 years experience practicing yoga on a regular basis.

Attendance and Assessments

Trainees will be required to attend at least 90% of the course to be eligible to pass.

All assessments must be completed/handed in within the 18 month duration of the course unless a prior agreement has been made. Extensions will only be granted due to the occurrence of unforeseen circumstances beyond the control of the student.

We expect that over the duration of the course trainees develop an almost daily self practice (5 days per week 20mins plus) which will be recoded in their reflective journal.

Application and Booking Process

To start the application process please visit www.yogakula.co.uk/ttc

We have two options for making payment for the course (Please be aware this deposit is non-refundable and cannot be returned once it has been paid to secure a trainee’s place). They are as follows:

Price Option One—Total Cost of Course £3350

£600 deposit following a successful application

£2750 balance to be paid

Price Option Two—Total Cost of Course £3500

£600 deposit following a successful application

Followed by 8 monthly instalment payments of £362.50

We reserve the right to refuse a place to students who have not paid their deposit or committed to a payment plan by the required, pre-agreed date.

Fees

Fees include training and assessment by a qualified Yoga Alliance Professionals SYT.

Two residential weekends in a nearby location. The cost of food and accommodation is covered by the fees.

All trainees will be given free membership to Yoga Alliance for the duration of the course and will be able to be insured by Yoga Alliance Professionals for the duration of the course so trainees can begin to teach mid-way through the course. Upon graduation trainees will be eligible to upgrade their membership from a trainee to an associate level 1. If they upgrade within 14 days of the graduation date they can make a saving of £35.00. The yearly fee for insurance and membership is £120.00.

  • Trainees will be provided with manual to support learning during the course.
  • The course fees do not include the cost of travel to any of the locations used during the course.
  • Trainees will not be provided with food or snacks during the course.
  • Trainees will be responsible for the purchase of books featured on the essential reading list to support their study.
  • Students will be required to pay for their recommended intensive module.

Refund Policy

Payment of the deposit is required following a successful application and this will secure your place on the course.  All deposits are non-refundable.

Trainees who withdraw from the course will only be offered a refund of additional course fees in exceptional circumstances.  The amount refunded will be decided on a case by case basis dependent on particular circumstances and corroborated with supporting evidence.  Any refunds processed will not include sessions which have already been attended.

Trainees needing to withdraw must do so in writing and provide a reason for the withdrawal.  For a refund to be considered then supporting evidence must be provided and, if relevant, we will also require medical evidence and/or letter.

Please contact Beth Gordon for further information or in the event of needing to withdraw from the course: beth@yogakulaleeds.co.uk

Course Cancellation

If the course is cancelled for reasons beyond our control we will let Students know by September 2019 and full refunds will be given including deposits.

Complaints Procedure

If any trainee is not satisfied by the way they have been treated or by the tuition received from Yoga Kula then they do have the right to complain.  All complaints will be investigated fully and fairly.  There are three stages to the procedure:

Stage One

In the first instance, it is the responsibility of the trainee to make an attempt to try and resolve the issue with teacher or individual involved or approach a member of Yoga Kula Staff.

Stage Two

If stage one is not resolved successfully the next stage of the process would be to make a complaint in writing to info@yogakulaleeds.co.uk or Yoga Kula, Suite 2a, Chapel Allerton House, 114 Harrogate Road, Chapel Allerton, LS7 4NY.

Your complaint will be acknowledged, in writing, as soon as possible and we will detail in our response the name, address and telephone number of the person who will be investigating the complaint.

Please detail within your written complaint whether you would like an advocate to be involved to support you through this process.

We will investigate your complaint and keep you informed, at regular intervals, as to how the investigation is progressing and of timescales where appropriate.  It may be necessary to ask for further information during the course of this investigation.

Following the conclusion of this investigation you will receive a written response which will include details of whether our complaint is being upheld or not and the reason for this decision.

Code of Conduct

All trainees must agree to abide by the Yoga Kula Teacher Training Code of Conduct:

  • Trainees are expected to arrive promptly and prepared for the sessions – any preparation required will be discussed beforehand.
  • Trainees are expected to behave in a respectful way towards each other and teachers at all time.
  • Trainees can only begin to teach yoga once it has been agreed by SYT involved in the YKTTC
  • Trainees must only teach what they know and recognise their own limits and scope of practice and where necessary refer students to seek alternative instruction, advice or treatment.
  • If trainees require supervision for things which are coming up emotionally during the course which they need to manage they will need to seek this outside of the course framework.
  • Over the duration of the course and upon graduation trainees must endeavor to teach yoga safely, be insured to teach and hold a first aid certificate.

As a student of our training course you consent to your contact details (name, email and phone number) being passed onto our partner — Yoga Alliance Professionals, so that they can contact you directly and invite you to register as a Trainee and a Teacher. You have the option of opting out of this registration process.