THIS AGREEMENT is made the day of purchase.
Zoe Swan of 7 Park Road, Henfield, BN5 (‘we’ and ‘us’); and
Name: Address …………………………………….. (‘you’).
We are so happy that you have decided to sign up for our retreat!
The contract below sets out the legal terms that will govern our relationship with you and apply to the services we provide and the retreat you will attend. Please do let us know if there are any clauses that you do not understand or that contradict your understanding of our services and the retreat.
We run yoga & wellness retreats and you and we, wish to enter this agreement to set out the terms and conditions that will apply in respect of our services and the retreats.
This contract sets out:
- your legal rights and responsibilities
- our legal rights and responsibilities, and
- certain key information required by law
If you would like to speak to us about any aspect of this contract, please get in contact by:
If you book a place on our retreat you agree to be legally bound by this contract, including the details of the retreat which are set out in the retreat description schedule at the end.
- Certain sections of this contract only apply to you and us if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We shall give you this information in a clear and understandable way either in the main body of this contract together with the retreat description at the end and the attached FAQs.
Information we shall give you
We shall give you information on:
the main characteristics of the retreat
who we are, where we are based and how you can contact us
the price of the retreat
the arrangements for payment
when the retreat will take place
our complaint handling policy
- Reserving your place at the retreat
- Below, we set out how a legally binding contract between you and us is made:
- Any quotation or price advertised by us before you reserve your place on the retreat is not a binding offer by us and does not guarantee your place.
- When you decide to reserve your place on our retreat, this is when you make a contractual offer to us.
- We may contact you to say that we cannot offer you a place, for example if we do not think the retreat is right for you or there has been a mistake in the pricing or description of the retreat, or our circumstances have changed since we gave you the quotation for the
- We shall only accept your request for a place when we confirm this to you by sending you a confirmation email. At this point:
- a legally binding contract will be in place between you and us, and
- we shall reserve you a place on the retreat.
- Our provision of the retreats
- If you are a consumer you have protection under consumer rights legislation.
- We shall use reasonable care and skill when holding retreats.
- The retreat will correspond in all material ways with the retreat description in the schedule to this contract.
- We shall use third parties in connection with the retreat. For example any accommodation, meals and guest talks and workshops will be provided by carefully chosen third parties. You acknowledge that we 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 our performance of this agreement, it is agreed that:
- we shall use all reasonable endeavours to apply for your benefit all rights or remedies available from the relevant third party; and
- except to the extent the delay or failure is caused by a failure to use our reasonable care and skill in the management or selection of a third party, we shall not be in breach of this contract and shall have no liability to you arising out of any such delay or failure.
- Our ability to provide the retreat might be affected by events beyond our reasonable control. If so, there might be a delay before we can go back to business as usual. We shall make reasonable efforts to limit the effect of any of those events, we shall keep you informed of the circumstances and we shall try to recommence normal service as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include IT problems and issues at third party venues.
- Your responsibilities
- You will pay the price for the retreat in accordance with the retreat description in the schedule.
- You will provide us with such information (and ensure that any information is complete and accurate) as we reasonably request from you to make the retreat relevant and useful for you.
- 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, although we fully expect great things to happen at the retreat, we cannot guarantee any specific outcomes or that all attendees will achieve the same results.
- 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.
- Fees and payment
- The price and payment terms for the retreat are set out in the schedule.
- Payment is via bank transfer or paypal, or by any other method agreed between us and set out in the schedule.
- If we offer a payment plan and you fail to make any of the payments on the due date then we reserve the right to invoice you immediately for the whole of the outstanding balance of the retreat fees and payment for that invoice will be due by return.
- If any of your payments are not paid on the due date, we may charge interest on outstanding sums at the rate of 4 percentage points a year above Lloyds TSB Bank plc's base rate.
- Refund and Cancellation Policy
- As you are booking an event which is due to take place on a specified date, even if you are a consumer you do not have the right to a cooling off period and consequently you do not have the right to change your mind and cancel your contract with us.
- It will not be possible to offer you the opportunity to cancel your booking. Unless you are able to find someone to take your place. All fees and payments made are non-refundable. The fees are non-refundable except for where we cancel a retreat you are entitled to a refund of any payments you have made in advance.
- We are not able to make any exceptions to this no-refund policy, not even for personal emergencies and for this reason we strongly advise you to take out travel insurance to protect yourself against illness, emergencies and changes in your circumstances.
- In the unfortunate event you are unable to attend the retreat:
- you may transfer your retreat place to a friend, subject to our prior approval of your replacement; or
- you can choose to offer your place as a special bursary to a suitable woman selected by us in need of this retreat; or
- 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.
- Intellectual property
If we provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to us and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
We may photograph and video group activities for use in future marketing materials and by entering into this contract with us you hereby give to us your consent to use your image for this purpose.
- How we may use your personal information
- We shall use the personal information you give to us to:
- provide the retreat and keep you informed about it;
- process your payment for the retreat; and
- inform you about any similar products and services that we provide, though you may stop receiving this information at any time by contacting us.
- All information shared by you will be kept strictly confidential, except when releasing such information is required by law.
- We shall not give your personal information to any third party unless you agree to it.
- Resolving problems
- In the unlikely event that there is a problem with the retreat or our provision of it, please contact us as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome.
- If you are a consumer, 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.
- End of the contract
- Subject to 12.2 this contract will terminate at the end of the retreat.
- Either you or we may terminate this agreement immediately if:
- the other party commits any material breach of the terms of this agreement 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 agreement will be terminated if the breach is not resolved; or
- the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
- If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
- Limit on our responsibility to you
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
- losses that:
- were not foreseeable to you and us when the contract was formed; and
- were not caused by any breach of these terms on our part
- business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
- Our total liability to you is limited to the amount of fees paid by you for the retreat.
- We shall try to resolve any disputes with you quickly and efficiently.
- If you and we cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales have exclusive jurisdiction in relation to this contract.
- The laws of England and Wales will apply to this contract.
- Third party rights
- No one other than a party to this contract has any right to enforce any of its terms.
Signed by [ ]
Signed by [insert name of individual]
[signature of individual]
The retreat includes:
- 4 night’s accommodation at Caradoc Farmhouse, Tregardock.
- Freshly prepared, high vibrational & nutrient dense meals.
- Friday evening meal, brunch, afternoon cake & tea, dinner on Saturday, Sunday, Monday and breakfast on Tuesday.
- Soft drinks, teas, herbal teas, water, coffee, speciality drinks. Sweet treats.
- Twice daily kundalini yoga practices (indoor & outdoor).
- Energising morning kundalini yoga practice.
- Restorative evening/late afternoon kundalini yoga practice.
- Early morning pranayama - breath work
- Group sound circle for mantra & meditation.
- Nature hikes / walks down to Tregardock Beach & or along the Cornish Coast.
- Sea swims (optional).
- Visit to Port Isaac / Port Gaverne / headland walk / Pentire Head
- Essential oils
- Yoga mats & blankets
- Towels & bed linen
- Free Parking
- 4 nights’ [sole occupancy of Caradoc of Tregardock Farmhouse for our retreat group]
Not included: travel to/from the farmhouse
- Transport to & from the farmhouse for your stay.
- Alcohol (although you are welcome to bring your own).
- Any additional expenses incurred driving to locations to explore eg. parking, petrol.
- Massage or spa treatments. These can be booked locally in nearby Rock.
- Meals or refreshments taken outside of the retreat location.
- You can visit Fresh from the Sea in nearby Port Isaac for locally caught, sustainable seafood, including crab sandwiches & lobsters.
£675 Shared Room
We require a non-refundable £100 deposit to secure your place. (Or payment in full.)
Followed by the balance being paid by 30th April 2023 via an individual personalised payment plan agreed via email.
Final payment on or before 30th April 2023.
- For a shared room payment of £100 is required as a deposit and the remaining balance of £575 will be paid in instalments as agreed via email.
Fees are payable by bank transfer to Z M Swan :
55374603 sort code 535039
Room Allocation will be discussed with each person as they book. And allocated on a first come first served basis.
The final schedule of activities and timings will be agreed amongst the group at the start of the retreat.