RETREAT AGREEMENT & TERMS

Agreed terms:

1.                Term of engagement

1.1.            You are engaging me to provide the retreat (Retreat) as set out on our website (www.worldwidewellbeing.co.uk) to you on the terms of this agreement.

1.2.            This contract between us will commence on the date you sign this agreement (or tick the box indicating your agreement to these terms) and will continue until the Services have been fully provided.

2.                Retreat and cancellation

2.1.            The Retreat will last for 2 days and will take place at Chapel Retreat, 8 Marine Crescent, Criccieth, Ll52 0EA

2.2.            You agree to comply at all times with the Venue’s policies and rules in relation to the Venue (particularly fire safety and health and safety rules). You will be required to leave the Venue if you do not comply with such policies and rules (and I shall not be obliged to refund you any amounts paid in relation to the Services).

2.3.            You are responsible for your own belongings that you bring to the Venue and neither I nor the Venue will be liable for any loss, damage, theft or destruction of any of your belongings.

2.4.            You agree to reimburse me in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at the Venue.

2.5.            I may postpone or cancel the Services upon notice to you of at least [72] hours, in which case, I will (at my choice) either refund you the amounts paid by you up such point or re-schedule the Retreat to the earliest mutually convenient time.

3.                My Duties

3.1.            I shall provide the Services with due care, skill and ability.

3.2.            Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of retreats, I do not guarantee any particular results.

3.3.            If for any reason I am unable to provide the Services at the agreed time (due to illness, traffic problems or any other reasons), I will provide you with as much notice as possible and shall either refund you the amount paid for the Retreat or reschedule the Retreat to a time mutually agreed.

3.4.            I shall not (except where expressly provided otherwise) be responsible or in any way liable for any matter related to passport validity, travel visas, vaccinations, transfers, currency exchanges, insurance, delayed or cancelled transport, closure of borders or anything else outside of my control.

3.5.            I reserve the right to remove you from the Retreat (without any liability for any refund) if I reasonably feel that you are being disruptive to the group or the Retreat or are breaching this agreement in any way.

3.6.            I am not a medical professional and cannot advise on whether you should join the Sessions or not. If you have any concerns at all about your health and undertaking the Sessions, you should consult your doctor or other medical professional. You should notify me on booking of any medical conditions that you have or any concerns that you have about participating in the Sessions. If I have concerns about your health and/or ability to participate in the Sessions, I may require you to leave the Session (and for the avoidance of doubt in such case no refund shall be owing).

4.                Fees

4.2.            If you are purchasing online, the order process will be as follows:

(a)          add the Retreat to the cart and proceed to the checkout and make payment as directed;

(b)          we will send you an email acknowledging your order and confirming whether we have accepted your order.

4.3.            If at any stage you have made an error in your order, you may email us at sarie@sarietaylor.com to correct any errors.

4.4.            If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.

4.5.            If we offer the opportunity to make payment in instalments, once the contract has been formed, all remaining instalments shall be due and payable. No refunds shall be provided for any reason. Deposits are non refundable £150 although we will support you in trying to find a replacement so you can get your deposit but this is your ultimate responsibility to find a replacement. The remaining balance will be due 7 days before the retreat start date as is not refundable after this date.

4.6.            You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Services. Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date, I may:

(a)          charge interest on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of the Bank of England, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand; and

(b)          suspend all Services until payment has been made in full.

4.7.            All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause 4 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.

5.                Confidential information

5.1.            I acknowledge that in the course of providing the Services I will have access to Confidential Information (as defined in clause 16).

5.2.            I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:

(a)          any use or disclosure authorised by you or required by law;

(b)          any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or

(c)          any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.

5.3.            You agree that you will have access to Confidential Information (as defined in clause 16) in relation to us and other participants in the Retreat. You agree not to use or disclose to any third party any Confidential Information. This restriction does not apply to:

(a)          any use or disclosure authorised by you or required by law;

(b)          any use or disclosure which you in your absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or others; or

(c)          any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.

6.                Data protection and Intellectual Property

6.1.            You acknowledge that your personal data will be processed by and on behalf of me as part of me providing you with the Services. I will use and process your personal data in accordance with my Privacy Notice that you can view at www.worldwidewellbeing.co.uk

6.2.            I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use in relation to the Services and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.

6.3.            You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the Sessions.

6.4.            I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used for the purposes for which the Services were provided only.

6.5.            You may not without my prior written consent make any audio or visual recordings of all or any part of the Retreat. 

6.6.            I may from time to time record any or all or any part of the Sessions being delivered during your attendance.  If you do not want me to use your image, please let me know prior to the start date of the Retreat and ensure that you sit in an area out of sight of the camera. Otherwise failing this, you authorise us to use your image and voice in any such recordings (and to make use of such recording in any way we think fit) without payment, other condition or need for further consent.

7.                Termination

7.1.            We may terminate this agreement at any time on immediate notice to you. If we do so, we will provide a pro rata refund for any Sessions that have not been used at the time of termination.

7.2.            You may terminate this agreement on 30 days’ written notice if we are in material breach of any of the terms of this agreement and following your notice of such breach have not remedied such breach within 30 days of such notice.

7.3.            On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.

7.4.            Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement that existed at or before the date of termination.

7.5.            Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 15 (Governing law and jurisdiction).

8.                Status

The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.

9.                Limitation on Liability

9.1.            Nothing in this clause 9 shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

9.2.            I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.

9.3.            My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Services.

9.4.            If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

9.5.            The provisions of this clause 9 shall survive termination of this agreement.

10.             Force majeure

I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.

11.             Entire agreement and previous contracts

You acknowledge and agree that:

(a)          this agreement  constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent);

(b)          in entering into this agreement you have not relied on any Pre-Contractual Statement (as defined in clause 16).

12.             Variation

No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.

13.             Counterparts

This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.

14.             Third party rights

14.1.         A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

14.2.         The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.

15.             Governing law and jurisdiction

15.1.         This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

15.2.         The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

16.             Interpretation

16.1.         The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).

Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.

Pre-Contractual Statement: any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement.

16.2.         A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

16.3.         Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

16.4.         Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.