TERMS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by RACHEL HANBERRY YOGA (which includes WWW.RACHELHANBERRY.YOGA, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by RACHEL HANBERRY YOGA LIMITED, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “RACHEL HANBERRY YOGA LIMITED”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
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.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
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.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
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.
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the United Kingdom. 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.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Rachel Hanberry Yoga Limited
General Terms of Sale -
including
Liability waiver for physical practice
Disclaimer for retreat guests
Privacy policies
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.
The text below is here to clarify some of the terms and conditions that all students accept when joining a training program (a "Training") presented by Rachel Hanberry Yoga Limited. In order to move forward and join, you must agree to the terms below, and by registering for a training, you confirm you agree to all of these terms. These terms may be unilaterally changed by Rachel Hanberry Yoga Limited from time to time, and you should check for updates. If we can help you with any questions, please feel free to reach us at [email protected].
Use of Training - While we permit you to use the Rachel Hanberry Yoga Limited training in your work with your individual coaching clients, we retain the ownership of our concepts, technologies and intellectual property for all other uses. We do provide our graduates with access to some of the materials on a contractual basis, but our models and content in the Programs represent a lifetime of development and the core of our business. This means you cannot use Rachel Hanberry Yoga Limited materials in presentations, webinars, brochures, articles, corporate settings, public forums, or anything else without written permission in advance. When being certified as a yoga teacher, your use of our information will be governed by a limited license then in effect at the time of your graduation from your Training.
Student Participation - All student participation in the Training events, consultations, and teleclasses may be used by Rachel Hanberry Yoga Limited for educational or other purposes, and all student contributions and correspondence with Rachel Hanberry Yoga Limited whether written, spoken, or photographed, filmed, or emailed, becomes the property of Rachel Hanberry Yoga Limited. Rachel Hanberry Yoga Limited may edit, reproduce, or distribute part or all of any conversations, interventions, feedback, emails at the sole discretion of Rachel Hanberry Yoga Limited. By purchasing your Training, you agree that we can photograph, video, or audio record your voice and image(s), which recordings are owned by Rachel Hanberry Yoga Limited and can be used by us anywhere, anytime, and for any purpose. To opt out of this (that is, if you do not wish to be recorded), you must not “appear” during the programming (e.g., by activating voice, if by phone, or by turning on your video, if by video) and you assume any effects of this decision on your experience.
By purchasing a Training, you take full responsibility for having a computer, adequate internet connection, and a telephone, and for dedicating any additional resources for starting and completing the Training - including time in your schedule and any energy or effort needed to study the materials. Rachel Hanberry Yoga Limited is not liable for your inability or failure to access or use the Training.
Payments - Rachel Hanberry Yoga Limited does not offer refunds on any online course. By registering for an online training, you agree to pay the total amount of the Training either in a single payment or in monthly installments. If your monthly payment fails with your card on file, you must notify Rachel Hanberry Yoga Limited immediately of how you intend to make the payment. Payments remaining unpaid for more than 10 days are subject to a late payment penalty of €50/£50 and suspension of access to training. Access is not restored until all fees have been paid. Persistent non-payment will result in the full balance due and a €50/£50 fee.
Accounts - Accounts and online classrooms are assigned on an individual basis. The Training teleclasses are strictly and only for the registered student. Revealing any login or teleclass registration information to other individuals is a direct violation of these terms and your ensuing license agreement and may result in termination, suspension or revocation of member status. Access to Rachel Hanberry Yoga Limited's content by more than one individual also is a direct violation of these terms and that license. These unauthorized actions also constitute copyright violations.
Earnings Disclaimer - The Training is intended to help you build your yoga teaching skills and may include information on how to build a yoga teaching practice. As stipulated by law, Rachel Hanberry Yoga Limited cannot and does not make any guarantees about your ability to get results or earn any money with its ideas, information, tools or strategies. The success of any enterprise depends on the qualities and skills of the business owner, the qualities of the clients or prospective clients, the nature of the market, and innumerable other factors. All information you receive from us and during your Training is for educational and informational purposes only. Making decisions based on any information presented in the Training should be done only with the knowledge that you could experience significant losses, or make no money at all. Use caution and seek the advice of qualified professionals when attempting any lifestyle change or business or financial endeavor. Check with your accountant, lawyer or professional advisor, before acting on this or any information. You alone are responsible and accountable for your decisions, actions and results in life and business, and by registering for your Training you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstances.
Legal Access - Members who submit payment or access our site or information by any means represent and warrant to us that they are legally an adult (or otherwise of legal age), or may present the expressed, written consent of a parent or legal guardian at any time. Those accessing the site, assume all responsibility for complying with laws, rules and regulations specific to their location.
Non-Professional Advice The information and services provided by Rachel Hanberry Yoga Limited are intended for educational and informational purposes only and are in no way to be interpreted as professional advice. For direction on matters of counseling and medical advice, seek out a registered professional. You acknowledge that the Training and our information is about skills and strategies related to the discipline of teaching yoga only, and you agree that Rachel Hanberry Yoga Limited does not teach or authorize students or graduates to practice any professional disciplines of any kind, whether or not they require state, national, or international licensure, including without limitation medical, psychotherapy, counseling, therapeutic, or marriage and family therapy. You also agree not to rely on or present to any person any of our information as an alternative to such professional advice.
Forums and Facebook Groups - The classroom site may contain internal means of communication between community members and students may be included in a private Facebook group. We expect all students to use discretion to keep information confidential, and you agree to do just that. The content contained within these communications is the responsibility of users. Rachel Hanberry Yoga Limited and its affiliates assume no responsibility for content posted or accessed beyond state and federal legal requirements in California, USA. If a student is found to be posting in such a way that does not honor the community guidelines they may be removed immediately from a forum or private Facebook group, or your entire private Facebook group may be shut down.
Refusal of Service/Membership Revocation - Your Training is built on the premise that all members will be civil and respectful to others within the Training community. Inappropriate conduct, including but not limited to harassment, sexual or explicit comments, aggressive behavior, intent to embarrass, humiliate, threaten, or harass other students, Training staff, or administrators, or other intentional mistreatment of members or staff will result in suspension, or cancellation of training. Rachel Hanberry Yoga Limited reserves the right to refuse to issue certificates to students who violate these community standards. (Please rest assured that all this is VERY rare and only takes place after multiple communications fail to bring peace.) Suspension may be a result while under investigation.
If you would like to report another user for abuse of this policy, please submit an email to [email protected] explaining the situation and we will investigate.
Health of Participant(s) - Trainings and live events may require long days, strenuous physical activity, rigorous education, self-direction, and healthy and emotionally stable interpersonal interactions, and require extended periods of focus and attention. Being in good health may be important to participate well and realize the full potential of such events. Please consult your physician before beginning any extended period of activity or taking our Training or attending a live event. By signing up, You represent that your health and mental wellness will not interfere with Rachel Hanberry Yoga Limited programs, your Training, others’ training, or live events.
By agreeing to these terms you confirm that -
I understand that the trainings can be physically demanding and I voluntarily participate in them in full knowledge and at my own risk in terms of injury or death.
I agree that neither I, nor my heirs, assigns or legal representatives will make any claim of any nature whatsoever against Rachel Hanberry Yoga Limited due to injury or wrongful death, that it is caused by my negligence or otherwise.
Participation in this live online training event indicates my consent to waive any liability on the part of the instructor and warrants that my level of physical fitness is adequate for this training.
It is my responsibility to let Rachel Hanberry Yoga Limited know if I have any injuries and to be mindful at all times of my own body’s capability during the training. If I experience any injury or discomfort during any activity during the training, then I will stop immediately.
It is my responsibility to consult a doctor with an understanding of yoga to check that I am sufficiently fit and healthy to undertake yoga and other physical activities that I may participate in whilst on the training.
It is my responsibility to advise the Rachel Hanberry Yoga Limited of any mental or physical health conditions upon enrolment to the training.
While the physical activity in this training will be presented with the best of intentions, injuries may result, discomfort may occur or prior conditions may be aggravated. Please take responsibility for your own body. Practice at your own pace with awareness and care and do not let any person or situation push you beyond your capabilities. If you are pregnant or have a medical condition, i.e. low blood pressure, heart condition, or previous, current or chronic injuries, please consult with your doctor before engaging in any of the physical activity that is demonstrated. By participating in this online training (live or pre-recorded), you agree to hold harmless and indemnify Rachel Hanberry Yoga Limited from any liability which may arise as a consequence of how you choose to use or teach the material shared in this program.
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By participating in this training,
I freely accept and assume all physical risks to my body or my health which may arise from my participation in the training. I am aware that any physical activity in which I participate could injure a part of my body or trigger or exacerbate any medical condition I may already have, including, but not limited to: a heart condition, asthma, blood pressure, pregnancy, or any other medical condition that may be affected by performing breathing exercises or physical movement. I am aware of the physical risks involved with exercise and understand it is my personal responsibility to consult with my doctor regarding my participation. Exercise is an individual experience and I understand that I should progress at my own pace. If at any point I feel overexertion or fatigue, I will respect my body’s limitations and I will rest before continuing with any other exercise.
Yoga specifically is not a substitute for medical attention, examination, diagnosis or treatment. Yoga practice and other exercises are not recommended and are not safe for individuals with certain medical conditions. I acknowledge that my participation in this training involves the risk of injury to me. I further acknowledge that specific risks include injuries resulting from over-exertion, improper or negligent use of props or equipment, failure to follow teacher instructions, or injuries resulting from participation in an inappropriate level of physical exercise. As such, I understand and voluntarily accept these risks.
Complaints Procedure - You agree to direct any and all compliments, questions, concerns, complaints, criticisms, disputes about Rachel Hanberry Yoga Limited trainings, products, or services to [email protected] Having set up this communication channel to accommodate you, we reserve the right not to respond to any other communication channel.
Thank You - Thanks for reading and reviewing our Terms of Service, which enable us to continue teaching you according to the highest standards for professional yoga teachers.
Further T's & C's
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 15/04/2020
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: This applies only to in-person trainings. We would only cancel your stay for reasons beyond our control or a system error by a third party. In this rare exceptional circumstance, you would be entitled to defer your training to another available date. Our liability would not extend beyond this deferral.
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.
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.
24.) COOKIES: Like most other websites, during the course of any visit to the YOGA BEACH HOUSE or RACHEL HANBERRY YOGA websites, we use small files which are stored on your hard drive by our browser (“cookies”) to monitor your use of the website. Google’s marketing feature uses Cookies to serve relevant messages based on someone’s past visits to our website. Information about how you can opt out of Google’s use of cookies can be found by visiting the Network Advertising Initiative opt out Page
Last Updated April 2020
