Yoga With Sheena: Retreat Terms & Conditions
Thank you for signing up to my Retreat - please read the following important terms and conditions, which shall form a contract between you and I, upon you booking a place on a Retreat (as defined below).
This contract sets out:
• your legal rights and responsibilities;
• my legal rights and responsibilities; and
• certain key information required by law.
The contract below sets out the legal terms that will govern my relationship with you and apply to the services. The intention of this contract is to bring clarity to our relationship, protect both parties and take care of the business side of things so that you and I can focus on enjoying the Retreat.
In this contract
• ‘I’, ‘me’ or ‘my’ means Sheena Shah trading as ‘Yoga With Sheena’.
• ‘You’ or ‘your’ means the person booking a place on a Retreat.
If you would like to speak to me about any aspect of this contract, please get in contact by: e-mail: info@yogawithsheena.com.
• ‘Deposit’ means a non-refundable deposit of 50% of the total price of a Retreat.
• ‘Force Majeure Event’ means any circumstance not within my reasonable control including, without limitation:
(a) Acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition;
(f) collapse of buildings, fire, explosion or accident;
(g) any labour or trade dispute, strikes, industrial action or lockouts;
(h) non-performance by suppliers or subcontractors; and
(i) interruption or failure of utility service.
• ‘Retreat’ means the relevant Yoga with Sheena retreat or event, whether in the United Kingdom (‘UK’) or international, details of which are set out on my website.
BACKGROUND
I run yoga and wellness retreats and these terms and conditions shall apply in respect of the Retreats.
1) Introduction
1.1 If you book a place on a Retreat you agree to be legally bound by this contract.
1.2 You also agree to be legally bound by my website terms of use and privacy policy.
2) Information I give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in the webpage on my website or retreat brochure.
I shall give you information on:
- the main characteristics of the Retreat
- the total price of the Retreat
- the arrangements for payment
- the refund and cancellations policy
3) The Retreat
3.1 You have protection under consumer rights legislation, including that I must use reasonable care and skill when providing the Retreat.
3.2 The Retreat will correspond in all material ways with its description in the webpage or brochure.
3.3 I shall use third parties in connection with the Retreat, for example, the accommodation, meals and some guest talks and activities may be provided by carefully chosen third parties. You acknowledge that I ordinarily contract with these third parties on their normal terms of business which may not be entirely consistent with this agreement. If any delay or failure by a third party properly to provide subcontracted services causes a delay or failure in my performance of this agreement, it is agreed that:
3.3.1 I shall use all reasonable endeavours to apply for your benefit all rights or remedies available from the relevant third party; and
3.3.2 except to the extent the delay or failure is caused by a failure to use my best care and skill in the management or selection of a third party, I shall not be in breach of this agreement and shall have no liability to you arising out of any such delay or failure.
3.4 My ability to offer and run the Retreats might be affected by events beyond my reasonable control. If so, there might be a delay before I can go back to business as usual. I shall make all reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Where I am unable to offer or run a Retreat as a result of such an event, I will use reasonable efforts to reschedule your Retreat to a later date and, where rescheduling is not possible or not suitable for you, I may, at my reasonable discretion, offer a full or partial refund. Examples of events which might be beyond my reasonable control include: internet failure or other IT problems; issues at third party venues; if key staff are ill; my pregnancy, childbirth or any related medical condition, recovery or leave; and any Force Majeure Event.
4) Your responsibilities
4.1 You will pay the price for the Retreat in accordance with the Retreat description in the brochure or webpage,.
4.2 You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably request to make the Retreat relevant and useful for you.
4.3 Attendance at the Retreat is not therapy or counselling. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and following through on any agreed action is exclusively your responsibility. For this reason I cannot guarantee any specific outcomes or that all attendees will achieve the same results.
4.4 If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability on attending the Retreat and that this professional is aware of and consents to your decision to attend.
4.5 At the Retreat you will be offered variations of yoga positions for you to choose according to your level of fitness and physical capability. It is entirely your responsibility to listen to your body and make sure your practice remains within your physical capability. Yoga is not competitive and listening to your body and the extent to which it is available for the various poses is essential. I do not accept any responsibility or liability for any damage or injury you may incur or suffer as a result of your pushing your body.
5) Fees and payment
5.1 The price for the Retreat is set on in the brochure or webpage sent to you.
5.2 Payment is via direct bank transfer or any other method described in the brochure or webpage for the Retreat or as agreed between us in writing.
5.3 Subject to this contract, a Deposit is payable by each person attending a UK Retreat upon booking your space on a UK Retreat. The balance of the payment for the UK Retreat is due on the date stated on the webpage or otherwise confirmed to you in writing.
5.4 If any payment is not paid by the due date, you may lose your place on the Retreat and the Deposit will not be refunded.
6) Refund and cancellation policy
6.1 If a Force Majeure Event results in the cancellation of a Retreat by me, you may be entitled to attend another Retreat within the next 12 months of the date on which cancellation of the Retreat is confirmed. If you are unable to attend another Retreat you may, at my reasonable discretion, be entitled to a full or partial refund for any room payments you have made in advance. Any costs you have personally incurred in connection with the Retreat including, but not limited to, the costs of airline flights or train / rail tickets will be your sole responsibility.
6.2. In the event that you decide to cancel your place, the following will apply:
6.2.1 For UK Retreats:
(a) If you cancel your space more than 6 weeks prior to the Retreat, you will be refunded 100% of your remaining room fee (excluding the Deposit).
(b) If you cancel your space between 3-6 weeks prior to Retreat you will be refunded up to 50% of your remaining room fee (excluding the Deposit).
(c) If you cancel your space less than 3 weeks before the Retreat, no refund will be provided.
(d) If you are able to find another person to fill your space up to 3 weeks prior to the Retreat you can transfer your place to them provided you have given me at least 1 weeks’ prior written notice and I have consented to the transfer of your space to the proposed alternate attendee in writing. Upon such agreement a £50 administration fee will be charged to you.
(e) If I find someone to fill your space up to 4 weeks before the Retreat, I will refund you your room payment excluding the Deposit.
(f) I reserve the right to accept or decline alternative attendees.
6.2.2 For international Retreats:
(a) Subject to this contract, a Deposit is payable by each person attending a Retreat upon booking your space on a Retreat. The balance of the payment for the Retreat is due on the date stated on the webpage or otherwise confirmed to you in writing.
(b) If you cancel your space more than 5 months prior to the Retreat, you will be refunded 50% of the the total cost of your room fee (excluding the Deposit).
(c) If you cancel your space 3-5 months prior to Retreat you will be refunded 25% of the remaining fee for your room (excluding the Deposit).
(d) If you cancel your space less than 3 months prior to the Retreat, no refund will be provided.
(e) If you are able to find another person to fill your spot up to 4 weeks prior to the Retreat, you can transfer your space and the provisions of clause 6.2.1(d) and clause 6.2.1(f) shall apply.
6.3 There is no refund for leaving a Retreat early or arriving after the scheduled start time. There is no partial reimbursement available if you choose to opt out of any part of the programme.
6.4 As I am a small business and I have to uphold my commitments to my own suppliers, unfortunately I cannot make any exceptions to this refund and cancellation policy, not even for personal emergencies.
For this reason, all Retreat attendees are advised to take out travel insurance.
7) Intellectual property
If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and you may only use those materials for your own personal use and may not share them with third parties or on any social media platforms, unless I have otherwise provided my consent to you in writing.
8) Photograph release
I may photograph and video group activities for use in future marketing materials and by entering into this contract with me you hereby give to me your consent to use your image for this purpose.
9) How I may use your personal information
9.1 I shall use the personal information you give me to:
9.1.1 provide the Retreat and keep you informed about it;
9.1.2 process your payment for the Retreat; and
9.1.3 inform you about similar products and services that I provide, although you may ask me to stop sending you this information at any time by contacting me.
9.2 I shall keep all information you share with me strictly confidential, except where disclosure is required by law.
9.3 I shall not give your personal information to any third party unless you have agreed to this in writing.
10) Resolving problems
10.1 If a problem arises with the Retreat, please contact me as soon as possible so that I have a reasonable opportunity to resolve it with you and reach a positive outcome.
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (your ‘statutory rights’). You may also have other rights in law.
11) End of the contract
11.1 Subject to clause 11.2, this contract will terminate at the end of the Retreat.
11.2 Either you or I may terminate this contract immediately by written notice if:
11.2.1 the other party commits a material breach of this contract and, where the breach is capable of being remedied, fails to remedy it within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not remedied; or
11.2.2 the other party commits, threatens to commit, or is threatened with, any act of insolvency under the Insolvency Act 1986.
11.3 Ending this contract will not affect my right to receive any money you owe me under this contract.
12) Limit on my responsibility to you
12.1 Except for any legal responsibility that I cannot exclude by law (such as for death or personal injury), I am not legally responsible to you for any:
12.1.1 losses that:
(a) were not foreseeable to you and me when this contract was formed; and
(b) were not caused by any breach of this contract on my part;
12.1.2 or for any business losses, including loss of business, loss of profits, loss of management time or loss of business opportunity.
12.2 My total liability to you under this contract is limited to the amount of fees you paid for the Retreat.
13) Disputes
13.1 I shall try to resolve any disputes with you quickly and efficiently.
13.2 If you and I cannot resolve a dispute using my internal complaint handling procedure, and either of us wishes to bring court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this contract.
13.3 This contract is governed by the laws of England and Wales.
14) Third party rights
No one other than you or I has any right to enforce any term of this contract.
15) Force Majeure
15.1 Provided I have complied with clause 15.2, if a Force Majeure Event prevents me from performing any of my obligations under this contract, I shall not be in breach of this contract, and shall not otherwise be liable to you, for any failure or delay in performing those obligations caused by that event.
15.2 I shall:
15.2.1 notify you of the Force Majeure Event as soon as reasonably practicable after it starts, including the date it started, its likely or potential duration, and its effect on my ability to perform my obligations under this contract; and
15.2.2 use all reasonable endeavours to mitigate the effect of the Force Majeure Event.
15.3 If a Force Majeure Event prevents, hinders or delays my performance of my obligations for a material period, I may terminate this contract by giving you reasonable notice.