La Esencia Terms & Conditions

Return to You Retreat, Mallorca 2024

Wednesday 9th October to Sunday 13th October 2024

We pride ourselves in providing a high level of customer service and ensuring that you are clear in respect of all of your rights relating to your participation at the retreat. Please read these terms carefully because they set out IMPORTANT INFORMATION relating to the DELIVERY OF OUR SERVICES AT THE retreat. By signing the Agreement, you are agreeing to be bound by the terms in full without variation.

This Event Waiver and Release of Liability (“the Agreement”) is between LA ESENCIA (“the Company”) hosted by Claire Welton and Michelle Grancaric and you, the retreat guest (“the Participant”).

1. The Retreat

1. The Retreat is for 5 days from Wednesday 9th October to Sunday 13th October 2024.

2. The Participant will have offerings of daily yoga classes, food workshops and a treatment of their choice as well as exclusive use of the Finca including swimming pool, gym, tennis court, relaxation areas, terraces and gardens.

3. Breakfast, lunch and dinner are provided each day. Any food preferences or allergies should be communicated to the Company as soon as possible and no later than 7 days prior to the first date of the Retreat.

4. No accommodation, flights or transfers are provided as part of the Retreat.

1. Payment, Refund and Cancellation Rights

1. The Retreat deposit is £500 (non refundable). Rooms are priced individually, and the total amount is to be paid in full by bank transfer or in instalments to be arranged with Claire and Michelle.

2. Cancellations must be communicated in writing and will take effect from the day of notification. As cancellations incur administrative costs, we will retain your non-refundable deposit.  If cancellation takes place more than 90 days to the date of the retreat any payment made will be refunded minus your deposit. If cancellations take place between 45-90 days prior to the date of the retreat 50% of the retreat price will be kept.  If cancellation takes place less than 45 prior to the date of the retreat 100% of the retreat price will be kept.

3. The Company reserve all rights to postpone or cancel the Retreat for any reason due to illness, extreme weather, COVID-19, or any other reason, whether foreseeable or unforeseeable, and in such circumstances La Esencia shall provide the Participant with as much notice, including a revised date if available, as possible. As a result, the Participant should ensure that all their travel arrangements can be flexible, insured and can be moved to an alternative date if required. La Esencia shall not be responsible for sums associated with travel costs for any reason. The maximum liability that La Esencia shall have under this Agreement is the total sum received by any paying retreat guest.

4. Where the Retreat is rescheduled, the Participant will be reserved a place for the revised date. In circumstances where the Participant is unable to attend the revised date the Company will, at its complete discretion, permit attendance at another in-person event. In no circumstances will a monetary refund be offered by the Company.

1. Health & Safety

1. At all times participant health and safety is of paramount importance to the Company. Participants must disclose all prior health conditions prior to attending the retreat.

2. At all times participants must comply with the rules and safety instructions provided to them by the Company to protect the health and safety of all in attendance.

3. The Company is not responsible for the vaccination status and/or risks associated with the transmission or exposure of COVID-19 or any other illness. The Company reserves the right to implement COVID-19 secure measures at their total discretion.

1. Warranties, Disclaimers and Liabilities

1. Participants will be a guest in an elegantly restored 16th century Finca.  It will be the Participant’s responsibility the villa remains in a good condition.

2. Should Participants break or damage any fixtures or fittings they should alert the Company without delay. The Finca is a no smoking venue. The Company reserve the right to charge for any damages or breakages especially were caused by improper use.

3. The Finca holds public liability insurance which covers their events/retreats both inside and outside the UK.

4. The Participant must hold valid travel insurance for the destination of the retreat to cover their own risks including baggage, medical expenses, flight and/or transfer cancellations or travel disruption, howsoever caused. Any claims for non-attendance at the retreat must be directed to participant’s insurance.

5. Failure to hold proper or valid insurance is a decision taken at the Participant’s own risk and the Company can offer no compensation in such circumstances.

6. The Company make no representations as to the content, timetable or delivery of the Retreat which is subject to change at short notice. The Participant should place no reliance, or expectation, on any earlier retreats or events as to the experience or results to be obtained from attending this Retreat.

7. Nothing in these terms will (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.

5. Data Protection, Confidential Information and Intellectual Property

1. Any personal data collected by the Company in connection with the performance of this Agreement will be handled in accordance with the Company’s Privacy Statement.

2. During the retreat participants may have access to confidential information, in particular the personal and business affairs of others on the retreat. In accepting these terms, the Participant agrees not to use or disclose to any person, organisation or company, and shall use their best endeavors to prevent the publication of, any confidential information relating to any other retreat participant.

3. Participants accept that any unauthorised disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Retreat.

4. The Company requires that all participants respect the rights of others in respect of their behaviour and privacy. The Company will not be responsible for the action of any participant, including for any disclosures made by any participant based on information which has been shared during the Retreat, and each participant should be aware that whilst all participants have been requested to maintain the strictest confidentiality, private information should not be shared if wider disclosure could cause further implications.

5. All participants are requested to be kind and courteous to other participants, contractors or employees always. the Company reserves the right to remove any participant from the retreat immediately should they consider that there has been inappropriate behaviour. La Esencia and the Company does not tolerate bullying, racism or sexism of any kind.

6. All intellectual property rights within training delivered throughout the Retreat by the Company are owned by La Esencia and the reproduction, distribution, whether by gift or sale, of any information or materials provided is strictly prohibited. This means that whilst participants are free to use the material or print out a copy for their own use, participants are not permitted to copy, distribute, adapt, edit or share our products with third parties.

1. Law and Jurisdiction

1. These terms and any claim or dispute arising in relation to them will be governed by English law. The courts of England shall have exclusive jurisdiction to settle any such claim or dispute.

2. No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.

3. If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

4. Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this Agreement.

5. This Agreement is made for the benefit of the Parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the Parties to terminate, rescind, or agree any amendment, waiver, variation, or settlement under or relating to this Agreement are not subject to the consent of any third party.

6. This Agreement shall constitute the entire agreement between the Parties in relation to the subject matter of this Agreement, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

PARTICIPANT AGREEMENT

By purchasing my deposit and agreeing to the Terms of Service:

I confirm that I have read this Agreement and understand the terms and the implications of the waiver. I provide consent freely and understand that if I am uncertain as to the extent by which I am bound by the terms of this waiver I can, and should, seek legal advice.

I understand that:

1. There may be risks arising from contact with other participants or injury by participants whether accidental or not.

2. I may face risks relating to COVID-19 and that it is my personal responsibility to consider the medical advice and relevant government guidance and independently consider my personal risks before making my decision to attend the Retreat.

3. I may be asked to comply with COVID-19 safety requirements such as wearing a mask for the duration of the retreat and/or adhering to social distancing measures.

4. If I am displaying symptoms of COVID-19 and/or have tested positive and/or have been in contact with someone who has tested positive for COVID-19, I may not be permitted to attend the Retreat.

5. Photographs and video images will be captured throughout the Retreat and I am being asked to and do grant permission for my image, video footage, likeness, sound of voice on audio and video to be used without payment or any other consideration now or in the future. I understand that any audio or visual content may be edited, copied, published and distributed and I waive my rights to inspect or approve the final product.

6. Any photographs or video content captured may be used for the intended purposes of promotional or marketing material, education videos and or course and informational videos which may be used and shared online/on the Internet, downloaded and stored and that no geographical or time restrictions are placed on the use of the material.