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TERMS AND CONDITIONS


1. DEFINITIONS
 

1.1  When the following words with capital letters are used in these Terms, this is what they will mean:
       Event Outside Of Our Control: is defined in clause 7;
       Order: your order for the Services as set out within these terms;

       Contracts: your personal client contract which, if issued, must be signed before commencement of a service;
       Services: the coaching services/programmes/retreats/bookings/stays that we are providing to you as set out in the Order;
       Sessions: the online/live group/one-to-one coaching sessions;
       Terms: the terms and conditions set out in this document or any other contract agreed between us;
       I /Me/My/Us/Company/We/Our: That Retreat Place company and its officer, employees, owners or other service providers;

1.2  When I use the words “writing” or “written” in these Terms, this will include email unless I say otherwise.

 


2. OUR CONTRACT WITH YOU
 

2.1  You are engaging us a ‘Event Provider, Facilitator, Guest House ’ and we will provide Our Services to you on these Terms.
2.2  Please ensure that you read these Terms and all other terms/contracts carefully and check that your details on the Order and in these Terms are complete and accurate. If you think that there is a mistake on the Order/Terms/Contract, please contact Us by email. We will confirm any changes in writing to avoid any confusion between us.

2.3  When you submit the Order to Us, this does not mean that We have accepted your Order for Services. Our acceptance of the Order will take place as described in clause 2.4 below. If We are unable to supply you with the Services, We will inform you of this in writing and We will not process the Order.

2.4  These Terms will become binding when We contact you by email to confirm acceptance of your Order and that We are happy to provide the Services to you or when your deposit payment is paid, at which point a contract will be formed between you and Us under these Terms. The contract will then continue unless and until the Services have been provided in full, the service is terminated as set out in these Terms or a further Contract is signed.

2.5  You acknowledge and consent to digital content and intellectual property being made available to you in certain cases upon entering specific Services and that upon your engagement into intellectual property and digital content within any Services you loose your/any applicable rights to cancel under the Consumer Contracts Regulations / Consumer Rights Regulations.

2.6  Throughout the duration of any agreement you shall not, in any manner, represent, provide services or engage in any aspects of business or solicit any client, customer, officer, staff, consultant, or employee for your benefit or benefit of a third party that is or may be engaged in a similar business throughout the duration of this agreement.

2.7  You agree that we may limit, suspend, and/or terminate your participation in any Services (which may result in your immediate physical removal from the Service) without refunding any sums already paid or reducing your obligation to these or any other agreed Terms if we determine that you are becoming disruptive or impairing the participation or progress of any instructors or participants or if you fail to follow or abide by these or any other agreed Terms.

3. CHANGES TO ORDER OR TERMS

3.1  We may change these Terms at our discretion or if there is a change in the relevant laws and regulatory requirements.
3.2  If We have to revise these Terms under clause 3.1, We will give you at least 2 week’s written notice of any changes to these Terms before they take effect. In these circumstances, you can choose to cancel the contract in accordance with clause 8.

 


4. PROVIDING OUR SERVICES
 

4.1  You will receive Services in accordance with the terms set out in your specific Order, these terms will be confirmed in writing or by an additional Contract.

4.2  We will make every effort to complete the Services on time. However, We reserve the right to change the date and time for any reason, including ill health. If We have to change the time of a Service, We will provide you with as much notice as possible.

4.3  There may be delays due to an Event Outside Of Our Control. See clause 8 for My responsibilities when an Event Outside Of Our Control happens.

4.4  If you are not able to attend a Service for any reason (including due to Us changing the date, time or venue), you will not be entitled to any refund but We may at Our discretion offer you a replacement Service.

4.5  In the event We or any member of Our team are un-able to attend any pre-arranged Service of any type for any reason you agree that We can not be held liable, however every attempt will be made for another member of Our team to cover the Service where possible and applicable.

4.6  In the event of disruption to any Services due to any holiday time, vacation time, maternity leave, paternity leave, bereavement leave, public/national holidays, Events outside Of My Control and any other leave of any kind We will provide you with as much notice as possible however you agree We can not be held liable in any way.

4.7  I reserve the right to limit any and all Services in any and all programmes during any public/national holiday, weekends and festive periods.

4.8  In the event you need to cancel or fail to attend a pre-arranged Service through no fault of Our own, We will make every attempt to reschedule the Service where possible as a gesture of goodwill, however We can not be held liable or in breach of the agreed terms of Service/Contract if it is not possible to reschedule and the missed Service remains part of the agreed Service we are contracted to provide to you with.

4.9  We shall provide the Services to you as agreed and with due care, skill and ability. However, due to the nature of Our Services, I do not guarantee any particular results and you agree acknowledge it is your choice to enter all Services and you do so at your our risk, you agree and acknowledge that We can not be held liable/responsible for any/lack of financial/medical/physical/psychological results/effects.



5. FEES
 

5.1  The price of the Services have been set by Us in advance and are set out in the Order. Our prices may change at any time, but this will not affect Orders that We have confirmed with you.
5.2  Where We are providing Services, We may at Our discretion give you the option to pay for the Services in instalments via a payment schedule. Should you choose to pay via this method, all payments are due on time or you may be suspended or removed from the Service in the event you fail to meet the agreed schedule.

5.3  If you do not make any payment due to Us by the due date agreed, you agree and acknowledge for interest to be added to the overdue amount at the rate of 8% a year above the base lending rate from time to time of The Bank Of England plus an admin fee of £70. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You agree and acknowledge to pay Us interest together with any overdue amount.

5.4  The total purchase price of any product/service is agreed prior to the commencement of the said Service, it is further confirmed in writing or in your client contract if issued which must be signed by both parties also prior to the commencement of any Service. You acknowledge and agree to fully pay the agreed purchase price of the Service/product and your obligation to it can not changed, edited or cancelled without either written agreement from both parties or in the event of a Contract/Terms breach; Any contract breaches must be investigated and be presented with substantiated evidence. For the avoidance of any doubt, if you wish to disengage or leave any Service/product prior to its completion for any reason, you agree and acknowledge you are not released from your obligation to the agreed purchase price as Contracted or stated in the Order.

5.5 In the event you fail to meet your agreed commitments to your Contracted/agreed Order financial obligation, We reserve the right to suspend your participation in any Services and any period of suspension will not be reimbursed financially or added as an extension to any Service.

5.6  Any payment methods used by you to make payment for Service will be held on your file and attached to your account, all payments will be automatically attempted from the default method you set. In the event of a failed payment attempt, the next payment method on your file will be used. To remove any saved payment methods from your account please contact us. Please note that you must at all times have at least one payment method saved on your account. If a request for the removal of a payment method would result in no payment methods being saved on your account then such removal request shall be refused unless and until a valid replacement method is provided.

5.7 You agree and acknowledge that you have the full authority from the card holder to use any and all payment methods given to us by you for any payments/deposits that may be due or included in your purchase now and in the future. You also accept all responsibility for any errors relating to payment methods unless the error falls outside of these or any other agreed terms.

5.8 Any payment schedule that includes monthly payments due to be paid on either 28/29/30/31 of any specific month will automatically change to the final day of the same month when that month has fewer days.

 


6. OUR LIABILITY TO YOU
 

6.1  We do not exclude or limit in any way Our liability for death or personal injury caused by Our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot legally be excluded or limited.
6.2  Our total liability under any law or in relation to the performance (or contemplated performance) of the Contract/Terms shall in all circumstances be limited to the total price paid by you for the Services.

6.3  If We are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of Our control, I shall not be in breach of the Contract/Terms or liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

6.4 The provisions of this clause 6 shall survive termination of the Contract/Service.

 


7. EVENTS OUTSIDE OF OUR CONTROL

7.1  We will not be liable, responsible or obligated to provide any refunds for any failure to perform, or delay in performance of, any of Our obligations under these Terms/Contract that is caused by an Event Outside Of Our Control.
7.2  An Event Outside Of Our Control means any act or event beyond Our reasonable control including without limitation a failure of public or private telecommunications networks, storm, flood, earthquake, pandemic, epidemic or other natural disaster.
7.3  If an Event Outside Of Our Control takes place that affects the performance of Our obligations under these Terms:
       7.3.1  We will contact you as soon as reasonably possible to notify you; and

       7.3.2  Our obligations under these Terms/Contract will be suspended;

       7.3.3  We will restart/recommence the Services as soon as reasonably possible after the Event Outside Of Our Control is over.

7.4  You may cancel if an Event Outside Of Our Control takes place and you no longer wish Us to provides the Services. Please see your cancellation rights under clause 8. We will only cancel/postpone the Order if the Event Outside Of Our Control continues for more than 16 weeks.

7.5  In the event we cancel/postpone Our Service due to Events Outside Of Our Control we will offer alternative Service where possible and dependant on availability. You agree that we are under no obligation to offer you a refund.

7.6  In the event repairs are required at any of our venues we will aim to ensure your stay in not affected, in the event of repairs of any services being unavailable due to repairs we will inform you if deemed necessary, we can however not be held responsible or liable in the event of any repairs.

 


8. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
 

8.1  All payments made to Us for Services are non-refundable, non-exchangeable and non-transferable, this includes any booking cancellations made by you.
8.2  Either of us may terminate the Terms/Contract if the other is in material breach of any Terms and do not correct or fix the situation within 7 days of receiving notice of the breach in writing.

8.3  We may terminate the Contract/Order immediately (without any liability to provide any refund to you) if we reasonably feel that you are not participating fully in the Service, that you are disrupting the Service or for any other reason where we reasonably feel that your presence is adversely impacting on the Service, other clients/customers, Officers, Contractors, Staff or Directors.

8.4  On or before the date of a termination by either party to your Contract/Order for any reason, you agree and acknowledge to immediately settle any unpaid fees, outstanding balances remaining for any purchased Services or any other sums payable under the terms of any respective client Contracts/Terms/Order. For the avoidance of any doubt, if you wish to disengage or leave any Service prior to its completion for any reason, you agree and acknowledge you are not released from your obligation to the agreed purchase price as stated in your Contract/Order.

8.5  Termination of the Contract/Order shall not affect any rights, remedies, obligations and liabilities of either of us as at the date of termination, including the right to claim in respect of any breach of the Contract/Terms, which existed at, before or after the date of termination.

8.6  In the event of any initiated payment disputes or for any other reason, you acknowledge and agree that all payments made by you for Services are final, non-refundable, non-transferable and non-exchangeable. You also acknowledge and agree not to contest any disputes raised and that any disputes should be decided immediately in favour of Us. 

8.7  You acknowledge and agree that in the event of a termination to your Service/Contract for any reason you are not entitled to a refund of any monies paid by you to Us prior to that date. Furthermore you acknowledge and agree not to contest any payment disputes initiated at such time and agree that any disputes should be immediately decided in favour of Us.

8.8  All deposits paid to secure Service spaces are non-refundable. You agree to these terms upon payment of any funds.

8.9  In the event you request a refund through no fault of Ours and it is agreed under the terms of your purchase, a payment processing fee will be applied and deducted from any refunded payments at a rate of between 1.4% - 2.9% (depending on payment method issuing country) +20p. A breakdown of these fees can be provided upon request.

8.10  In the event of any required changes/cancellations to times/dates of the Service due to unforeseen circumstances by either Us/You/third party, you agree that the Company can not be held liable and that you are not entitled to a refund or claim against Us for any loss caused as a result of such changes/cancellations. In this event every effort will be made to offer you the opportunity to transfer your purchase to a different Service/date where/when available.

8.11  In accordance with the Consumer Right Regulations, due to the nature of the Service provided, all Orders are exempt from "Cooling-Off" period refund guarantees.

 


9. CONFIDENTIAL INFORMATION

9.1  We acknowledge that in the course of providing the Services we will have access to personal data and Confidential Information relating to you and your affairs and we agree not to (except in the proper course of our duties) use or disclose to any third party (outside of any team members, Officers, Staff members, Contractors or other third parties engaged to assist us in providing the Services as contracted) any Confidential Information. This restriction does not apply to the following which you will have no further control over;
       9.1.1  any use or disclosure authorised by you or required by law;

       9.1.2  any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to   

                 you or to others;

       9.1.3  any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure; or

       9.1.4  any information which was provided by you with the intention to be used in public domain.

9.3 You must keep all information discussed in the Services strictly confidential as you agree to consider it Our intellectual property from the point of submission.
9.4 Any Services in which you participate which create property/intellectual property will be the sole property of Us and you relinquish any and all rights when taking part, you agree it will considered Our intellectual property from the point of submission.


10. DATA PROTECTION AND INTELLECTUAL PROPERTY

10.  You acknowledge and agree that your personal data will be processed by and on behalf of Us as part of the Services. You agree that we may also share your personal details with other participants in the Services (including such details as your email address).
10.2  We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that we use within the Services and nothing in this agreement or otherwise shall transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.
10.3 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 from any Service, in doing so you agree to pay Us a license fee of £25000 which is payable immediately. 
10.4 We 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 in the Services for the purposes for which the Service was provided only.
10.5 You may not without my prior written consent make any audio or visual recordings of all or any part of our Service.


11. OTHER IMPORTANT TERMS


12.1  This Contract/Terms is between you and Us. No other person shall have any rights to enforce any of these Terms.
12.2  You acknowledge and agree that:
       12.2.1  these Terms constitute the entire agreement (unless a further Contract is signed) and understanding between us and supersede any previous 

                   arrangement, understanding or agreement between us relating to the provision of the Services;
       12.2.2  in entering into these Terms/Contract you have not relied on anything said by any person (including any third party) relating to the provision of the

                    Services.
12.3  Each paragraph in these Terms operates separately. If any Court or relevant authority decides that they are unlawful, the remaining paragraphs will still remain in full force and effect.
12.4  If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce Our rights against you, or if we delay in doing so, that will  not mean that we have waived Our rights against you and will not mean that you do not have to comply with these Terms. If we do waive a default by you, we will write to you, and that will not automatically mean that we have waived any future default by you.
12.5 These Terms are governed by English law. You and We both 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 the Services which are being provided to you under these Terms. 

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Copyright 2020

That Retreat Place