1. INTRODUCTION 

 

Hello Love.  These are our legal terms and conditions (the “Terms”), giving us both certainty and protection, applying to our content and the supply of all our services to you, whether online or in-person (the “Services”).  Examples of our Services include (but are not limited to): classes, retreats, teacher training courses, kirtans, mentoring, sharing our written or musical content, and other experiences relating to yoga, mediation, wellness and fun.  

 

2. WHO WE ARE 

 

Our website, all content and copy, and all our Services are provided exclusively by Cheeky Cheetah, Unipessoal LDA (the “Company”), a private limited company established in Portugal, which trades as “Chrissie Chung” or “Chrissie Chung Yoga”.  The registered address of the Company is Avenida 5 de Outubro 72, 1050-059 Lisboa.  Christina Chung does not provide services or enter into contracts with clients in her personal capacity.  References in the Terms to “we”, “us” or “our” are solely to the Company.  

 

3. PRICES, PAYMENTS AND ORDERS

 

Prices and methods for placing orders and making payments for Services are as stated from time to time on www.chrissiechung.com or as otherwise communicated by us in writing.  No order has been accepted until we have sent you a confirmation email and all required payments from you have been received by us.  We reserve discretion to decline an order for any reason.  Once an order is accepted you have a contract for Services with the Company and these Terms apply.  

 

4. YOUR INSURANCE AND TRAVEL

 

If applicable for the relevant type of Services, you agree to obtain appropriate personal travel and medical insurance including to cover your health and property. You agree to indemnify us against any costs we incur in providing emergency assistance including payment for any transport to a medical facility or for repatriation.  

 

5. YOUR HEALTH AND RESPONSIBILITIES 

 

You represent to us you are healthy enough to partake in the Services.  You acknowledge and agree that you retain sole responsibility for your health and actions.  You agree to let us know if you have any injuries or health issues, physical or psychological. You agree to hold us harmless and indemnify us for damage from undisclosed issues or your negligence, recklessness, intoxication or unlawfulness.  

 

You agree to notify us in writing of any dietary restrictions or allergies and that we have no liability for damage caused by dietary restrictions or allergies not disclosed to us in writing.  

 

6. CHANGES TO SERVICES 

 

We have the right to change the Services if needed to: comply with laws or regulations; make improvements; adjust to deal with setbacks outside of our control (including, without limitation, if a teacher becomes sick or otherwise unavailable); or provide you with a venue or accommodation of an equivalent standard if for some reason your venue or accommodation becomes unavailable.   None of the forgoing changes will be deemed a breach of contract or give you a right to cancellation.

 

7. TERMINATION BY YOU 

 

To cancel a contract for Services with us you must provide confirmation to us in writing. Deposits are non-refundable in all cases.  Additionally, our third party costs specific to you (for example, Paypal fees) are non-refundable.  Cancellations more than 3 months before relevant Services start will be otherwise fully refunded (meaning 100% of fees other than the non-refundable deposit and third party costs).  Cancellations more than 1 month but less that 3 months before relevant Services start will be 50% refunded, with 50% of the fee (in addition to the non-refundable deposit and third party costs) retained due to the risk we may not have time to find a replacement client (however, if you find us a replacement client, we will refund you 100% less your non-refundable deposit and third party costs).  Cancellations 30 days or less to the start of Services, or during Services, are non-refundable subject to our compassionate discretion.  

 

8. TERMINATION BY US 

 

We may end a contract with you at any time by writing to you, including if you: do not make any payment when due; do not within a reasonable time period provide us information we need; behave dangerously or disrespectfully (such acts to be judged exclusively by us in our complete discretion); or otherwise breach these Terms.  If you breach these Terms you must pay us any damages we incur as a consequence, including our reasonable legal costs for enforcing these Terms. 

 

9. CONTACT, COMPLAINTS AND QUESTIONS

 

Please contact us at hello@chrissiechung.com  

 

10.  OUR LIABILITY 

 

We do not exclude or limit our liability by any means unlawful, such as liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.  However, we exclude all liability to the extent lawful, including for all unforeseeable losses, all pure economic losses and losses to anyone except you.  We are not liable for any loss or damage to your personal possessions or valuables.  To the extent our liability cannot be excluded lawfully, we are only liable proportionately for our share of blame and our liability is capped to the maximum extent reasonable to do so, specifically to the greater between: the amount actually paid by you for our Services; or the insurance coverage we hold usable for the type of damage (please contact us by email for details).  For Services involving your physical presence with us you acknowledge and agree that you have the freedom and use of your time and the surrounding areas at your own risk.   You agree that we cannot reasonably have responsibility or liability for your possessions or personal safety, or for that of your companions, outside of our classes or similar activities, when we are not present to supervise or assist you.  In other words, although the Services can include retreats or teaching training courses, you are responsible for your decisions and use of time outside of classes and not us.  You acknowledge and agree that all Services are provided by the Company and you have no contract or duty of care owed by any individual acting on behalf of the Company.

 

11. PERSONAL DATA 

 

We will only use your personal data to provide the Services, lawfully keep you informed of Services and to comply with our legal requirements.  We will only retain your personal data to the extent needed for lawful commercial purposes or compliance with our own regulatory obligations.  Please see the Privacy Policy on our website for more detail.  

 

12. INTELLECTUAL PROPERTY AND IMAGE

 

Our image and the content we produce or use in our website or any other media or communication or in live performance is our exclusive property or that of our suppliers, and is protected by copyright or other intellectual property rights. It may not be reproduced or used without our prior written consent or licence.  Your use of our website or Services does not grant you any license or right to use any of our intellectual property.  By using our Services you consent to the use of your image in our photography and marketing unless you confirm otherwise to us in writing.  

 

13. MISCELLANEOUS 

 

13.1. Privity of contract. These Terms and any other contract we make is between you and the Company. No other person shall have any rights to enforce contactual terms against us.  Your rights are not assignable to another person.  You acknowledge and agree that Christina Chung does not act in her personal capacity and you cannot enforce any rights or obligations against her personally.  

 

13.2. If a part of this contract is found to be unlawful, the rest will continue in force. Each term with these Terms operates separately and independently. If any court or relevant authority decides that any of them are unlawful, the remaining terms remain in full force and effect.

 

13.3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not be taken as consent or mean that you do not have to do those things or can prevent us taking steps against you at a later date.

 

13.4. Applicable law. English law governs the interpretation and enforcement of these Terms.  

 

13.5. Alternative dispute resolution. Legal disputes are adversarial, stressful and wasteful, the opposite of what we seek to embody, so we wish to avoid them in the first instance by providing you with excellent Services, humanity and compassion.  However, if for some reason a dispute arises, for the sake of efficiency the parties agree to attempt to settle it by mediation before resorting to any other dispute resolution process.  The Company will provide you with a choice of three suitably qualified independent mediators and you can select your preferred mediator.  If mutual agreement cannot be reached through mediation, you agree that we will settle the dispute through arbitration.  The Company will provide you with a choice of three suitably qualified independent arbitrators and you can select your preferred arbitrator.  The decision of the arbitrator will be binding on both parties.  The losing party will pay for the cost of the arbitrator and the legal fees of both parties.  If you issue legal proceedings in any country without first using alternative dispute resolution, you agree to pay our legal costs in full regardless of the outcome of those proceedings.  

 

13.6. Code of Conduct. We aspire to create a culture of harmony and peacefulness, including in the provision of our Services. Accordingly, we incorporate into our Terms a code of conduct requiring us and our clients to participate safely and respectfully, without risky or negative behaviour such as (but not limited to) physical, emotional or sexual abuse or inappropriateness, violence of any kind, dishonesty, aggression, misogyny, racism or rudeness. In the event of there being a material failure by a participant to comply with our code of conduct, as judged by us at our complete discretion, we reserve the right to require such participant to stop or leave the Services without any right to a refund or legal action against us.