Retreats & Workshops T&Cs
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 we focus on enjoying the retreat.
In this contract
• ‘I’, ‘me’ or ‘my’ means Anne Loyd.
• ‘You’ or ‘your’ means the person booking a place on an Anne Loyd retreat (‘the Retreat’).
BACKGROUND
I run personal development and wellness retreats and we wish to enter this agreement to set out the terms and conditions that will apply in respect of my services and the Retreats.
1 Introduction
1.1 If you book a place on the Retreat you thereby agree to be legally bound by this contract, including the details of the Retreat which are set out on the webpage for the relevant Retreat at www.anneloyd.com
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 this contract or the webpage for the Retreat.
I shall give you information on:
- the main characteristics of the Retreat
- who I am, where I am based and how you can contact me
- the total price of the Retreat
- the arrangements for payment
- how and under what circumstances can cancel the contract
- my complaint handling policy
3 Reserving your place on the Retreat
3.1 Below, I set out how a legally binding contract between you and me is made:
3.2 You email me an expression of interest in attending the Retreat.
3.2.1. I send you a form to complete which I ask you to complete to the best of your ability with an acknowledgement of your expression of interest. This acknowledgement does not, however, mean that your place on the Retreat has been accepted
3.2.2 I may contact you to say that I cannot offer you a place, for example if I do not think the Retreat is right for you or there has been a mistake in the pricing or description of the Retreat
3.2.4 I shall only have accepted your request for a place when I confirm this to you by sending you a confirmation email and you have paid the stated fee in full. At this point a legally binding contract, incorporating these terms and conditions, will be in place between you and me.
4 The Retreat
4.1 You have protection under consumer rights legislation, including that I must use reasonable care and skill when providing the Retreat.
4.2 The Retreat will correspond in all material ways with its description on the relevant webpage.
4.3 I shall use third parties in connection with the Retreat. For example meals, yoga 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:
4.3.1 I shall use reasonable endeavours to apply for your benefit all rights or remedies available from the relevant third party; and
4.3.2 I shall not be in breach of this agreement and shall have no liability to you arising out of any such delay or failure.
4.4 My ability to provide the Retreat 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 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 if, and as soon as, those events have been fixed. Examples of events, which might be beyond my reasonable control include internet failure or other IT problems, issues at third party venues, problems with third party suppliers or if key staff are ill.
5 Your responsibilities
5.1 You will pay the price for the Retreat in accordance with the Retreat description on the relevant webpage.
5.2 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.
5.3 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 choice and responsibility. For this reason, although I fully expect great things to happen at the Retreat, I cannot guarantee any specific outcomes or that all attendees will achieve the same results.
5.4 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 of attending the Retreat and that this person is aware of and supports your decision to attend.
5.5 At the Retreat you may 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, and capable of, the various poses is essential and you should not perform any of the poses if you are in any doubt about the safety of doing so. I am not able to accept any responsibility for any damage, injury or loss you may suffer as a result of taking part in a Yoga session or you pushing your body beyond its limits.
5.6 At the Retreat we may have a nature walk. It is your responsibility to keep yourself safe and I will not accept any responsibility for any inquiry you sustain as a result of the walk.
5.7 Your health and safety is of the utmost importance. You must pay close attention to and follow any instructions, advice or information you are given by me or others providing services during the retreat. The retreat may be held in a rural setting and in unfamiliar surroundings. You must therefore remain vigilant at all times about the hazards and obstacles you may encounter, report immediately any concerns to me and not only take full responsibility for your own safety but also be aware of the safety of your fellow attendees. Neither I, nor any person acting on my behalf, accept any liability whatsoever for any loss, damage, accident, injury or illness and you agree to waive all your rights to pursue any form of claim or claim for compensation against me.
5.8 I do not provide or recommend accommodation, although I may, on request, try to make available the names of some of the local providers. If you book accommodation, then this is strictly between you and the accommodation provider and I am not a party to your relationship with them and I accept no responsibility or liability whatsoever.
6 Fees and payment
6.1 The price for the Retreat is set out on Anne Loyd’s website
6.2 Payment is via direct bank transfer or any other method described on the webpage for the Retreat or as agreed between us.
6.3 Payment is due immediately on your receipt of my confirmation of your booking.
6.4 If any payments are not received on the due date, I reserve the right to cancel your booking and you will not be entitled to attend the retreat. If you haven’t paid the fee in full and I agree to let you attend the retreat you will still be liable for the balance of the fee owed and be deemed to have accepted and agreed to be bound these terms and Conditions.
7 Refund and cancellation policy
7.1 The fees are non-refundable except for:
7.1.1 where I cancel a Retreat, you are entitled to a refund for any payments you have made in advance ; and
7.1.2 if you book your place more than 30 days before the Retreat start date.
7.2 There is a 50% refund if you cancel 15-29 days before the Retreat date
7.3 There is a 0% refund if you cancel 0-14 days before the Retreat start date
7.4 In the event you are unable to attend the Retreat you may:
7.4.1 transfer your Retreat place to a friend, subject to my prior approval of your replacement; or
7.4.2 offer your place as a special bursary to a suitable woman selected by me in need of this Retreat.
7.5 There is no refund for leaving the Retreat early or arriving after the scheduled start time. There is no partial reimbursement if you choose to opt out of any part of the programme.
As I am a small business and I have to uphold my commitments to my own suppliers, unfortunately I am not able to make any exceptions to this no-refund policy, not even for personal emergencies. For this reason I strongly advise you to take out travel insurance to protect yourself against illness, emergencies and changes in your circumstances.
8 Cooling off period
8.1 If you book your place more than 30 days before the start of the Retreat, you may cancel this contract within without giving any reason.
9 Effects of cancellation in the cooling off period
9.1 If you cancel this contract in accordance with the cooling off period in clause 8.1, I shall reimburse to you all payments received from you and I shall make the reimbursement promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
10 Intellectual property
If I provide you with any information or materials, whether digital or printed, any intellectual property in those materials or information belongs to me and unless I agree otherwise you can only use those materials and information for your own personal and private use and you may not reproduce or share them with third parties. In the course of the retreat you may also be in receipt of content, including materials, information and intellectual property, belonging to others. Such receipt does not imply or constitute a transfer of, or confer, any rights in the content to you and if you wish to use such content other than for your own personal and private use you must first seek the consent of its rightful owner.
11 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.
12 How I may use your personal information
12.1 I shall use the personal information you give to me to:
12.1.1 provide the Retreat and keep you informed about it;
12.1.2 process your payment for the Retreat; and
12.1.3 inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
12.2 All information shared by you will be kept strictly confidential and I shall not give your personal information to any third party unless you agree to it, except when releasing such information is required by law.
13 Resolving problems
13.1 In the unlikely event that there is a problem with the Retreat, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you.
13.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
14 End of the contract
14.1 Subject to 14.2 this contract will terminate at the end of the Retreat.
14.2 Either you or I may terminate the contract immediately if:
14.2.1 the other party commits any material breach of the terms of this contract and, in the case of a breach capable of being resolved, the breach is not resolved 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 resolved; or
14.2.2 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
14.3 The termination of this contract:
14.3.1 will not affect my right to receive any money, which you owe to me under this contract.
14.3.2 will not affect any accrued rights, indemnities; limitations of liability or any contractual provision intended to survive termination
15 Limit on my liability and responsibility to you
15.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible or liable for:
15.1.1 Any losses, or claims for remedy, that:
(a) were not foreseeable to you and me when the contract was formed; and
(b) were not caused by any breach of these terms on my part
(c) were the result of any act or event of Force Majeure.
15.1.2 Any business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
15.2 My total liability to you is strictly limited to the amount of fees paid by you for the Retreat.
16 Disputes
16.1 I shall try to resolve any disputes with you quickly and efficiently.
16.2 If we cannot resolve a dispute using my internal complaint handling procedure we agree to first seek the services of a professional independent mediator and enter into mediation in good faith to settle such a dispute, failing which if either of us wants to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
16.3 The laws of England and Wales will apply to this contract.
17 Third party rights
17.1 No one other than a party to this contract has any right to enforce any of its terms.
If you would like to speak to me about any aspect of this contract, please get in contact by e-mail: anne@anneloyd.com