All bookings are subject to the following terms and conditions as set out below and by making a booking you are agreeing to all terms and conditions and entering into a contract with Elly and Kerry’s Retreats (part of the E.H. Fitness and Personal Trainer Business):
Definitions and interpretations:
In this Agreement, the following terms and abbreviations shall have the following meanings unless otherwise stated:
1.1. Elly and Kerry’s Retreats is the Services provider and is also referred to as ‘E&K Retreats’, ‘we’, ‘us’ or ‘our’
1.2. ‘Agreement’ refers to these Terms and Conditions
1.3. ‘Client’ means the person or company who makes a Booking with Elly and Kerry Retreats as listed on the booking form
1.5. ‘Contract’ means the Contract between the Client and Elly and Kerry’s Retreats whereby Elly and Kerry’s Retreats provides the client with its Services
1.6. ‘Deposit’ means the non-refundable amount of £12 paid at the time of booking onto Elly and Kerry’s Retreats.
1.7. ‘Services’ means the services provided by Elly and Kerry’s Retreats to the Client under the terms of this Contract
1.8. The headings contained in these Terms and Conditions are for reference purposes only and should not affect their interpretation and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
2.1. Upon receipt of the booking (including the £120 non-refundable deposit) between Elly and Kerry’s Retreats and the Client, a Contract of Services is made between both parties.
2.2. All agreements on the part of either of the parties which are made up of more than one person or entity shall be deemed as jointly and severally liable.
2.3. The Contract is subject to these booking conditions which the client has acknowledged, fully read and deemed to understand. These arrangements can only be amended in written confirmation between both parties. This excludes any verbal agreements.
3. Booking, fees and payment
3.1. A non-refundable Deposit of £120 must be received and cleared for a booking to be reserved. The Client shall be deemed to have understood the Terms and Conditions once a booking has been made.
3.2. The balance of the retreat must be paid by the 5th January 2015 unless otherwise agreed between both parties in writing. In the event the Client does not pay the balance within this time, the booking will be deemed cancelled and the course place re-advertised.
3.3. If a booking is made within 2 weeks of the course start date, the total course fees are required.
3.4. We reserve the right to decline a booking at our discretion if we so wish.
4.1. The Client may cancel this Agreement at any time. The cancellation must be received by Elly and Kerry’s Retreat in writing. They will be subject to the following cancellation charges:
4.1.2. If the cancellation is received 2 weeks or less in advance, 100% of the total course fee is retained
4.1.3. If the Client does not attend the course there will be no refund.
5. Cancellations by Elly and Kerry’s Retreats
5.1. Elly and Kerry’s Retreats will always endeavor to ensure courses are run on the date specified. However we reserve the right to cancel bookings in certain circumstances and if this happens, the Client will be offered an alternative date.
6. Responsibilities of the Client
6.1. The Client is responsible for his own personal clothing, footwear, toiletries and medical items. A recommended kit list will be provided to the Client prior to the course but is not a final and exhaustive list.
6.2. The client must complete the Health Questionnaire to the best of their knowledge. The Client must also inform Elly and Kerry’s Retreats in writing (prior to the start of the course) of any health, mental or personal issues (that were not stated on the Health Questionnaire) that may affect their performance on the course, may make them unsuitable to participate in the Services or activities provided or cause medical problems, injuries or fatalities to themselves or others. Failure to disclose such information may result in Elly and Kerry’s Retreats terminating the Client’s Contract on the course without refund. If Elly and Kerry’s Retreats has reason to believe a Client’s health or personal safety, or that of other Clients on the course, is at risk we may terminate the Contract immediately without refund.
6.3. The Client is to fully abide by any rules or instructions by Elly and Kery’s Retreats, the Directors and contractors with regards to safety or proper practice.
6.4.. The Client understands that any activity or service provided by Elly and Kerry’s Retreats involves a certain level of risk and could result in injury or even fatality.
6.5. It is recommended that all Clients have personal accident and cancellation insurance prior to attending the course.
7.1. Elly and Kerry’s Retreats reserves the right to amend the content of Services it provides at any time without notice to the Client due to factors including, but not limited to, the Client’s physical fitness, the weather or experience of the Clients.
7.2. Elly and Kerry’s Retreats makes every effort possible to accurately reflect its Services on our website and any related marketing materials, however, at times it may be necessary for us to amend any part of the course or Services provided.
7.3. If the Client chooses not to participate or accept any or part of the Services or activities provided by Elly and Kerry’s Retreats, we are not obliged to offer any suitable alternative and the Client will not be entitled to a refund.
7.4. If the Client causes danger or damage to any person, or threatens the wellbeing, safety and health of any other Client, employee or property, Elly and Kerry’s Retreats and any of its suppliers may at their discretion have the Client immediately removed from the property without refund. Elly and Kerry’s Retreats will have no liability to the Client in such circumstances and will not be liable for any costs incurred.
9.1. It is not possible to transfer this Contract to another Client without prior written permission to Revitalise Fitness Retreat.
10.1. Elly and Kerry’s Retreats, nor any of its associated directors, employees or contractors, shall be liable for the death, injury, loss or damage to the Client or the Client’s property. This does not exclude or limit liability to you for injury or death resulting from our negligence or that of our employees.
10.2. None of the exclusions and limitations in these conditions are intended to limit any rights the Client may have under statute or common law.
11.1. Elly and Kerry’s Retreats reserve the right to take any photos, recordings or testimonials of Clients during activities of Services provided. All associated rights shall be solely owned by Elly and Kerry’s Retreats and may be used on its website,social media, marketing and promotional materials.
11.2. The Client shall not produce written, taped or photographic content or commentary without prior permission in writing to Elly and Kerry’s Retreat.
12. Proper law and jurisdiction
12.1. This Agreement shall be governed and construed in accordance with English and Welsh law.
12.2. Any proceedings arising from this Agreement may be brought to court in English or Welsh jurisdiction. This shall not limit Elly and Kerry’s Retreats to commence any proceedings in any other jurisdiction it considers appropriate.