Retreat Terms and Condition

Definitions

In these terms:

· “We” or “Us” means Roisin Hope trading as Roisin Hope Yoga and “Our” is construed accordingly.

· “You” means the person signing this form and “Your” is construed accordingly.

· “Retreat” means the yoga retreat detailed in the email enclosing these Terms and Conditions.

· “Premises” means the accommodation in which You will be staying during the Retreat.

· “Activities” means any yoga, other fitness or associated activities that you will be invited to participate in during the Retreat.

Payment and Deposit

1. By signing this form, You agree to pay a deposit for the Retreat (“the Deposit”) in the amount and by the time stated on the booking form accompanying these Terms and Conditions.

2. The Deposit is non-refundable and your place on the Retreat cannot be transferred to another person.

3. The balance is payable by the date stated on the on the booking form accompanying these Terms and Conditions (“Balance Payment”). Should the Balance Payment not be made, We in Our sole discretion may give Your place on the Retreat to another person. If We elect to do so, the Deposit remains non-refundable.

4. Should the Balance Payment be made, or the time having passed for it to be made, and you later inform us you are not attending the Retreat, there will be no right to a refund of the Deposit or Balance Payment.

Certification of Fitness to Attend Retreat

5. By signing these Terms and Conditions, You confirm that You are generally in good health and physically able to attend the Retreat and/or carry out the Activities, taking into account the likely weather conditions at the time. Without limiting the width of Your confirmation as to fitness, You specifically agree that:

a. You do not have balance issues, suffer from dizziness and/or lose consciousness.

b. You do not have a bone, joint or muscular problem that could be made worse by participating in the Activities.

c. You are not on any medication that could affect Your ability to participate in the Activities and/or could lead to adverse side-effects were You to participate in the Activities.

6. We may ask You at the start of any Activity or otherwise whether you have any health problems. However, if we do not, we are entitled to rely upon your confirmation of good health (given by signing these Terms and Conditions).

7. We reserve the right to decline Your place on the Retreat if a health condition is deemed by Us to be a contraindication to the Retreat generally or any Activities. In such circumstances, We may require you to consult Your GP to obtain confirmation as to whether it would be appropriate for You to attend. We are not bound by the opinion of any medical practitioner. In the event of Us exercising our discretion to refuse You a place, You will only be refunded any monies paid in accordance with clauses 1 – 4 above.

8. For the avoidance of doubt, We are entitled to (1) require you not to attend the Retreat, notwithstanding any payments made and/or (2) require You to leave the Retreat and/or Accommodation if you either have, or are in Our reasonable view have, developed, symptoms and/or conditions that would place you or other participants on the Retreat at material risk of physical or psychological injury. In these circumstances, We will refund you all sums paid, less any costs paid by us to any third party providers of services, to the extent that we cannot obtain refunds from them despite taking reasonable steps to do so. Our duty to take reasonable steps does not extend to commencing court proceedings.

9. Should You fail to disclose any health conditions that subsequently affect your enjoyment of the Retreat and/or cause You any loss and/or damage, We are not responsible and/or liable for the same except in cases of personal injury and/or death caused by Our negligence.

Dietary Requirements

10. If you have any dietary requirements, You must inform Us within 7 days of signing these Terms and Conditions. If, at Our discretion, We consider that it would be inappropriate for You to attend the Retreat (if, for example, We will be unable to cater for Your dietary requirements), then You will be offered a full refund.

11. If you do not inform Us of any such conditions at all or in compliance with clause 9 above, We are not liable for any loss or damage caused by consumption of food contrary to Your dietary requirements. Further, We have no liability for increased food costs incurred by You.

Insurance

12. Before you attend the first day of the Retreat, You must be covered by insurance, which must include adequate cover for baggage, medical expenses and the cost of repatriation should You become too ill to continue. It is up to You to ensure that their insurance is adequate for the Retreat. If you attend the Retreat without insurance, We may decide at Our discretion to require You to leave, with no right of refund of any sums paid.

Waiver of Liability

13. Except in cases of personal injury and death caused by Our negligence, You agree to forever HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE Us from all claims, damages or losses, demands, actions, causes of action of any kind, whatsoever and however caused, in particular but not limited to:

a. Your attendance at the Retreat, including any injury sustained whilst away from the Premises and whilst not participating in the Activities;

b. Your occupation of the Premises, including, but not limited to, any injury sustained by the condition of the Premises;

c. Your participation in the Activities;

d. Any conduct or actions of other guests at the Retreat.

Conduct

14. Retreats are designed for people to be quiet and reflective. You must be discreet when talking on your phone. Listening to music on headphones is permitted, but not at an unreasonably loud level. Mobile phones and other WiFi devices should not be used at the dining table, around the pool, nor during any Activity. Posting photos and videos of the Retreat is permitted. Permission must be sought from the individual(s) in the photo or video prior to posting images or videos of Your fellow guests on social media.

15. You must be respectful and must not engage in offensive, illegal or immoral acts. Should we, in our reasonable discretion, deem that you have done so, or should You become a nuisance to staff Us, any other guests at the Retreat or any other person, or should you not comply with clause 14 above, We reserve the right to You to leave the Retreat, the Premises or not participate in any Activity. If such decision is made, there will be no refund of the Deposit or the Balance Payment and We have no liability to you in respect of such decision.

16. You will keep any fixtures, fittings, furniture and effects belonging either to Us or the owner/occupier of the Premises in a clean and good condition and will replace any which are destroyed or missing with those of a similar kind and of equal value.

Early Departure

17. You will not be refunded any monies paid if, having attended the Retreat for any period of time, You leave, whatever the reason for the departure. Where this clause conflicts with clause 8 above, clause 8 shall prevail.

Travel

18. We accept no responsibility for, and the price of the Retreat does not include, travel tickets such as airfares and trains, or transport from any airport to the Premises, or vice versa. This is solely Your responsibility to organise and pay for.

19. We have no liability for any delays, losses or damages arising out of any travel made by you in any way connected to the Retreat, except in relation to personal injury and/or death arising from Our negligence. This includes any inability to travel arising out of or connected with the COVID—19 pandemic.

20. You are solely responsible for ensuring that you have a valid passport and any necessary visas, as well as any necessary or required inoculations against disease or other health requirements and we have no liability for any losses and/or damages caused by a failure to comply with any of these requirements, except in relation to personal injury and/or death arising from Our negligence.

Alternative Accommodation

21. If, for some reason outside Our control, the Premises become unavailable for use during the Retreat, We are entitled to source alternative accommodation of objectively reasonably equivalent quality and location from the airport nearest to the Premises (“Alternative Accommodation”).

22. Should we source Alternative Accommodation, we may elect at our sole discretion to hold the Retreat there and, in such circumstances, no monies paid to Us (Deposit or Balance Payment) will be refunded.

23. If we are unable to source Alternative Accommodation, You will be given a refund within 7 days of us notifying you that we are unable to source Alternative Accommodation. Such refund will be limited to the sums that we are reasonably able to recover from the person who was, at the time of these Terms and Conditions, supposed to be renting the Premises to Us for the Retreat. For the avoidance of doubt, if we have sought a refund from that person by written communication and it has either been refused or not responded to, then we have not been “reasonably able” to recover any funds for the purposes of any refund you might receive under this clause.

Changes to Personnel and/or Retreat Programme

24. We reserve the right at any time to make changes to:

a. The personnel holding the Retreat.

b. The type, duration or number of Activities offered.

25. Should any such changes occur, we will notify you as soon as reasonably practicable of the same. No right to a refund arises by any changes made under clause 24 above.

Act of God

26. We are exempt from fulfilling Our contractual obligations for failures beyond Our control. This covers natural disasters, war, ‘acts of God’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors. For the avoidance of doubt, this clause also covers changes in HM Government policy relating to the COVID—19 pandemic, including, but not limited to, inability to travel to certain countries and/or self—isolating requirements imposed upon return to the UK from any foreign countries.

27. If a matter arises falling within clause 26 above, We shall refund you any sums paid to the extent that we are able to recover them from third parties. Our duty to recover such sums is limited to taking reasonable steps to do so. This duty does not extend to commencing court proceedings.

Personal Information

28. We will not knowingly give Your personal information to anybody else (except where required to do so by authorities). We will retain Your information and from time to time we may contact You with our promotional and resort related information, provided that Our actions at all time comply with the General Data Protection Regulations 2018.

Intellectual Property

29. We retain all copyright licence rights and exclusively own all photographs and material displayed on Our website and any such material enclosed in any correspondence sent to You. This information may not be copied or used for any other purpose.

Entire Agreement/No Representations

30. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Jurisdiction

31. Any dispute arising from or connected with the Retreat and/or these Terms and Conditions will be determined exclusively by the courts of England and Wales.