4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Rachel Hanberry Yoga Limited
General Terms of Sale -
Liability waiver for physical practice
Disclaimer for retreat guests
Please read through these terms referring to liability, disclaimers, privacy and general terms of sale before staying or practicing at Yoga Beach House or with Rachel Hanberry Yoga Limited or with any of our partnerships.
1.) PARTIES: These conditions apply to all legal relationships between customers, business partners and agents (client) with RACHEL HANBERRY YOGA LIMITED (organiser). Any person physical or moral wishing to proceed to a purchase via the website of RACHEL HANBERRY YOGA LIMITED hereafter called the organiser, in person or via a third party hereafter called the client.
2.) CHANGES: The organiser keeps the terms under regular review and the latest terms will be updated to this page/document. These terms were last updated on 13/02/2019
3.) ACCEPTANCE: The acquisition of a good or of a service for one of the products or activities described on our website, www.rachelhanberry.yoga the client implies an unconditional acceptance of these terms.
4.) REGISTERING: After a registering a purchase the participant will receive a confirmation. This confirmation will be sent via email. The reservation is official at the moment the total balance has been paid. The registration may be made in writing, verbally, by telephone or online via the websites third party booking system. Registration shall also be valid for all participants listed in the registration, for whose contractual obligations the applicant is liable just as for his own obligations, unless he explicitly and separately declares otherwise.
5.) PRICES & PAYMENT: All prices are being displayed in pounds sterling and need to be paid in pounds sterling unless quoted or demanded otherwise. Payments can be made by bank transfer or a payment card such as Visa or MasterCard via a secure third party merchant provider. All up to date prices for activities are stated on the website.
6.) VAT: Prices are exclusive of TVA being a business declared non applicable, article 29.
7.) ACCOUNT PAYMENTS: Clients can make payments on account and these may be in credit or debit with the organiser. Account payments can be used to pay for services and products.
8.) LIABILITY WAIVER FOR PHYSICAL PRACTICE
I agree that the organiser is in no way responsible for the care of my belongings whilst I attend class or during my retreat or training. .
I understand that the classes can be physically demanding and I voluntarily participate in them in full knowledge and at my own risk in terms of injury, loss of property or death.
I agree that neither I, my heirs, assigns or legal representatives will continue or make any other claim of any nature whatsoever against its members or injury, property damage / loss or wrongful death, that it is caused by my negligence or otherwise.
I accept that photos and videos maybe taken during the class or during the training retreat and unless I expressly decline my permission, which I can do at any time, I give permission for Rachel Hanberry Yoga Limited to use for direct marketing purposes including social media and blog posts.
During the yoga classes the participant benefits from the Responsabilité Civil Professionnelle of the practicing yoga teacher. It is expected that each participant has their own responsabilité civil personnel.
The use of drugs (as stated in article 627 du code de la santé publique) at YOGA BEACH HOUSE is strictly forbidden. Ignorance of this prohibition shall lead to exclusion of further participation without refund.
The organiser can not be made responsible for any intentional damage or theft of objects caused by one of the clients during their visit.
In case of a booking where the session has expired or non participation of one of the activities. The organiser is not obliged to refund or compensate in any manner for the services not made use of due to the clients fault, non participation.
It is not possible to sign a complaint against the assigned and agreed price. It is the responsibility of the guest to look into the price and agree to the price before reserving and to realise that the price includes a combination of activities or not.
Children to be accompanied by a parent/guardian also practicing at the same class and obtain a valid pass.
9.) DISCLAIMER FOR RETREATS + TRAININGS:
It is your responsibility to let us know if you have any injuries and to be mindful at all times of your own body’s capability during the retreat. If you experience any injury or discomfort during any activity during the training, then you must stop immediately.
It is your responsibility to consult a doctor with an understanding of yoga to check that you are sufficiently fit and healthy to undertake yoga and other physical activities that you may participate in whilst on the training.
It is your responsibility to advise the organiser of any mental or physical health conditions and dietary requirements upon enrolment to the retreat. If you have health conditions and dietary requirements that may be affected by the activities offered on our retreats we reserve the right to advise you to not participate in certain activities during the retreat.
There is no doctor on site and so your health and safety are your responsibility at all times during the retreat.
If you have a problem during your training, please let us know and we will endeavour to put things right. Please note that we cannot be responsible for the individual behaviour of any group member or other guest sharing your accommodation.
We reserve the right to amend the running order of the training or retreat and/or any component of the offering at any time.
Additional Terms relating to: ACCOMMODATION (including YOGA RETREATS, RESIDENT TRAININGS, PRIVATE RETREATS)
1.) RESERVATION DEPOSIT: Unless stated otherwise the first 500€ of any payments towards a one week yoga retreat or resident program (including retreats less than one week) is deemed as non-refundable reservation deposit except for the first 10 days where it is subject to the “cooling off” clause - see below. If the retreat is more than one week the deposit is scaled by 250€ per week. For example, a 3 week training costing 3000€, the first 1000€ payment would form the non refundable part. (500+250+250=1000)
2.) DURATION OF STAY: Except when otherwise stipulated, duration of the stay is as stipulated in the confirmation email. Pillows, blankets, towels and bedsheets are included in the price.
3.) ARRIVAL & DEPARTURE: Unless stated otherwise, check in is Sunday from 18h00. Check out on Friday 20h00 .
4.) EARLY OR LATE ARRIVAL: Please ask in advance if you wish to arrive early or late, and inform of your estimated time of arrival. We prefer you arrive on time, not early or late. The house is walking distance to shops, cafes which can occupy yourself if you arrive early.
5.) PETS: We do not allow pets to accompany clients on retreat at YOGA BEACH HOUSE unless by prior agreement.
6.) SECURITY DEPOSIT (CAUTION): For the purpose of accommodation a security deposit of 500€ is required per guest, which is held on account (not charged) with our prior consent.
7.) DAMAGES & BREAKAGES: Please communicate any breakages during your stay and not at the end of the stay. You are responsible and liable for any breakages or damages which you cause to the accommodation. Your rooms are thoroughly checked prior to you arriving and will have no damage or breakages of any description unless verbally confirmed by us with you beforehand. Thus having read and accepted these terms any damage found by us to rooms will be paid for by the person whose name appears on the booking payment. We do not normally charge for minor breakages, but we may send you an invoice for repair or making good if the damage or breakage is significant.
8.) COOLING OFF PERIOD: All purchases over 1000€ are subject to a cooling off period of 10 days where 100% unconditional refunds will be given if the purchaser has changed his/her mind. This does not apply to ‘last minute’ bookings where the course fee is paid less than 30 days before the course start date.
9.) MODIFICATION: A booking can be moved to another program free of charge within the same calendar year subject to availability and any price increase. It may be possible to suggest another person that will come in your place, that is not already a client, nor booked with us and is a suitable guest for the event. Any modifications are solely at the management's discretion and is not implied. Otherwise the following refund policy will apply.
10.) REFUND POLICY: Cancellations made by clients more than 60 days before arrival are entitled to a 75% refund with any down payment being seen as a reservation deposit (see reservation clause above) and non refundable. Cancellations less than 59 days are considered as follows;
Between 60 and 46 days before arrival: a refund of 50 % of the total amount
Between 45 and 21 days before arrival: a refund of 25 % of the total amount
20 days or less before arrival: a payment of 0% of the total amount
The official moment of cancellation will be the moment where we receive your cancellation in writing by email.
11.) CANCELLATION BY THE ORGANISER: We would only cancel your stay for reasons beyond our control or a system error by a third party. In this rare exceptional circumstance, we would attempt to offer you an alternative solution. If this was not possible, or unacceptable to you, then we would refund 100% any payments made to the organiser. Our liability would not extend beyond this refund.
12.) TRIP INSURANCE: We advise clients to have adequate insurance to cover the need for cancellation by the guest due to unfortunate circumstances. Any cancellations due to travel disruption or sickness is the responsibility of the client.
13.) LIABILITY: We do not accept any liability for any damage, loss or injury to clients or any vehicles or possessions. You agree to be here at your own risk and take reasonable precautions for your own safety and security. Your personal property, including baggage, is your own responsibility at all times. Please note that a yoga holiday is not the place to bring expensive watches, jewellery or other precious items, which may not be covered by your insurance. The organiser is not responsible for accidents, damage or loss of items and people, death of participants in any way during your stay.
14.) PRE-REQUISITES: Clients are over aged 21 and are in good physical and mental well being and will declare any medications or on going treatment at the time of enrolment with the organiser whether expressly asked or not.
15.) OFFSETTING/RIGHT OF RETENTION: Complaints against the organiser can only offset with undisputed or legally binding claims. Likewise, the right to withhold a right of retention does not apply, unless their claim comes from this contractual relationship and is undisputed and legally established. An assignment of the participant’s claims against the organiser from this contractual relationship is prohibited.
16.) SEVERABILITY CLAUSE: Only these terms are applicable to the client. Other terms will not be accepted and valid, even if the organiser does not explicitly object to them. Contrary terms of the participant are not recognised. The invalidity of individual terms of this contract or of the terms does not lead to the ineffectiveness of the entire contract.
17.) INTELLECTUAL PROPERTY: The name and logo of YOGA BEACH HOUSE are both registered as trademarks at the INPI (French National Institute of Industrial Property) and all elements of YOGA BEACH HOUSE + RACHEL HANBERRY YOGA LIMITED websites are and will remain the intellectual and exclusive property of the organiser. Nobody is authorised to reproduce, to exploit, to repeat, or use, even partly, elements of the website, social media (contents, visuals or sounds) or any material learnt within any training course without prior consent and adequate referencing.
18.) IMAGE RIGHTS: When booking with us, unless you express in writing at the time of booking, you allow Yoga Beach House and RACHEL HANBERRY YOGA LIMITED to use photos and/or videos which you may appear in taken during your visit for the fulfillment of promotional material and social media without financial compensation or prior notice.
19.) COMPLAINTS: We prefer you communicate during your stay so that we can resolve or explain any complaints that are arising for you. However, if this is not possible, officially. according to Journal Officiel des Consommateurs Européens LI158 et des directions du Conseil, the guest has to file a written complaint which informs the organiser about any complaints or remarks which have to do with his stay and while making use of our services/activities of the organiser. All complaints have to be sent to the management of the organiser in written form within 15 calendar days after the visit.
20.) JURISDICTION: Despite the owners being English and the retreat centre being international we are physical based and reside in France. Therefore, all disputes arising from this legal relationship are governed by French law.
DATA, PRIVACY + COOKIES: The organiser takes your privacy seriously and is committed to protecting your privacy. The organiser does not share any personal information with any third parties nor rent, sell, disclose or distribute your information to any outside parties.
21.) DATA: The organiser collects different information in order to help us improve the services and products we offer and to provide unique personalised services and products to each user. You are under no obligation to provide any personal data however, other than your name and email address. We may ask for further information from you in order to obtain a better understanding of how the organiser can improve our offering to you. In all instances it is entirely your choice whether or not to provide information.
22.) THIRD PARTY INTEGRATIONS: We use booking systems + ACUITY + KAJABI to gather and store booking information. We use MAILCHIMP to manage email marketing lists and STRIPE to process payments depending on the purchase. Billing info provided to STRIPE is masked from RACHEL HANBERRY YOGA and payments are processed through a secure merchant gateway partnership integration. Clients can find individual privacy policies for these integration on their individual websites to show how they manage your data on our behalf. You can log into your account on these integrations to view the information you have provided the organiser at any time or request it by contacting us by email.
23.) MARKETING: We would like to send you information about products and services of ours which may be of interest to you. When you opt in for a complimentary or paid product or service you also consent to be added to our mailing list as is explicitly stated in the opt in form. If you have consented to receive marketing, you may opt out at a later date by unsubscribing from the email list. You have a right at any time to stop us from contacting you for marketing purposes.
Last Updated: November 10, 2019