Terms and conditions
At Wellness with Katie we want to ensure that you experience a good learning experience in our yoga classes, events and workshops, and transformational training. To this end, we kindly request that you embrace and comply with these terms and conditions at all times as these are the terms on which we supply our services.
Please read these terms carefully before you submit any booking with us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
1. About these Terms and Conditions
By submitting a Booking to Wellness with Katie, you are signifying your agreement to and acceptance of our Terms and Conditions. All references to the Terms and Conditions refer to these Terms and Conditions as amended and updated from time to time.
You can contact me by telephoning or emailing or by writing to firstname.lastname@example.org
If I have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provide to us in your booking form/contact form.
2. About Us
Wellness with Katie is registered in Ireland under Company Registration Number 616456
. Our registered office address is 11 Ashbourne Village, Tycor Rd, Waterford, Ireland. We are registered with the Information Commissioner’s Office (ICO) for data protection (registration number: ZA437405).
“Agreement” means these Terms and Conditions and the Booking Form.
“Wellness with Katie” means the Sole Trader with whom you have entered into this Agreement.
“Booking Form” means the form relating to the booking of the yoga classes, courses, event or workshop, or transformational training – in person or online and which incorporates these Terms and Conditions.
“Fee” means the amount payable for the yoga classes, courses, event or workshop, or transformational training– in person or online as detailed in the Booking Form.
“Free Taster Class” means the specific training courses, event or workshop – in person or online the customer attends free of charge and which are subject to these Terms and Conditions
“Yoga classes, courses, event or workshop, or transformational training” means any specific event, workshop or training, either in person or online which Wellness with Katie offers.
“Term ” denotes the periods throughout the year(s) during which we run training courses, event or workshop – in person or online.
“Venue” means the place at which Wellness with Katie provides the Yoga classes, courses, event or workshop, or transformational training – in person or online
4. Booking and Payment
Training courses, event or workshop – in person or online must be booked using the Booking Form and the Fee must be paid in advance of the event unless otherwise agreed and can be proven by a document, online or written.
Payment of the Fee shall be due to Wellness with Katie within the date specified on the event information page. If payment is not received within the specified time the Booking Form is submitted, a place is not confirmed or guaranteed.
Only when the Booking Form and payment of the Fee is received will your booking be confirmed.
If we are unable to accept your booking and the Fee has been paid, we will inform you of this in writing and refund you the Fee paid.
Event dates are available to view on the specific event page of the Wellness with Katie website: www.katieduggan.com
The Fee is non-refundable under any circumstances except with the prior written agreement of Wellness with Katie, unless. Wellness with Katie is unable to offer concessions for missed classes due to sickness or holidays, in certain circumstances and solely at the discretion of Wellness with Katie, the following options may be available:
- The person's place at the specific yoga class, course, workshop or may in exceptional cases be offered to an acquaintance provided adequate notice is given and the friend or acquaintance completes a Booking Form and expressly agrees to these Terms and Conditions, and we agree they are suitable for the course/event.
- Subject to availability, adequate notice and without any guarantee, Wellness with Katie may be able to fit the person into another training that week at an alternative venue.
Missed yoga classes, events, courses, workshops and transformational training cannot be carried over to the next Term/event without prior written consent (online or actual document)
5. Changes to events, workshops, training and Cancellation
Wellness with Katie may cancel this Agreement at any time and for any reason whatsoever. If the Agreement is canceled byWellness with Katie, the unused portion of the Fee will be refunded to the customer.
If for any reason a specified teacher is unable to run an event, then Wellness with Katie will do its best to provide another teacher. If this is not possible, Wellness with Katie will, at its sole option, either (i) reschedule the training by adding another training or (ii) will refund the Fee for that Class.
The customer acknowledges and agrees that Wellness with Katie reserves the right to replace any teacher of an event without notice to the customer at any time prior to that event without any liability arising from such a change except in accordance with these Terms.
6.Wellness with Katie Training
Wellness with Katie will provide events which:
- conform in all material respect to their description;
- are carried out with reasonable skill and care;
- be fit for the purpose that Wellness with Katie determine it is fit for the purpose for which the customer uses the training in mind of their description; and
- comply with all applicable statutory and regulatory requirements for supplying the training in the Ireland, or elsewhere.
These Terms apply to any replacement training Wellness with Katie supply to the customer in the unlikely event that the original Classes do not conform with these Terms.
Customers are not permitted to use the training or information received from the training for any commercial purpose, without prior written consent.
7. Attending a training – Code of Conduct
In order to create a relaxed and comfortable environment for all attendees, we ask that you comply with the code of conduct below:
- Training will start on time and people must arrive before the event is due to start.
- During the training, mobile phones must either be switched off or on silent unless otherwise agreed.
- The Wellness with Katie environment is relaxed and sociable, however to show respect for the group, general chatter must be kept to a minimum to ensure that the teacher can be heard and that the focus is kept on learning.
- Classes are sometimes held in venues with hard surfaces and, although mats may be provided it is the participant’s responsibility to wear suitable clothing and we cannot be held liable for any injury caused by lack of care or awareness of the participant.
- If the teacher of a training determines that the participant is disruptive, the teacher on behalf of Wellness with Katie shall be entitled to exclude the participant.
The participant is aware that
- the information set out in the Booking Form whether completed and or accepted/signed by the participant is accurate in all respects and will notify Wellness with Katie of any change in such information immediately;
- when attending a training the participant will be knowingly suffering from any illness, infectious disease or anything similar thereto;
9. Limitation of Liability
Wellness with Katie shall not be responsible for any loss that a participant suffers as a result, except for those losses which it could reasonably foresee would result from the failure to comply with these Terms and Conditions.
Wellness with Katie shall not be responsible to the participant for losses that result from its failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:
- loss of income or revenue;
- loss of business;
- loss of anticipated savings; or
- loss of data.
This clause shall not prevent claims for foreseeable loss of, or damage to, the participant’s physical property.
This clause does not exclude or limit in any way Wellness with Katie's liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation; or
- any breach of obligations under the Consumer Rights Act 2015
- any other matter for which it would be illegal or unlawful for Wellness with Katie to exclude or attempt to exclude its liability.
The participant agrees that any claim against Wellness with Katie or any teacher, practitioner, employee or agent of Wellness with Katie must be brought within 60 days of the event that gave rise to such claim. The participant agrees any claim made thereafter should be discussed.
The participant acknowledges, warrants and undertakes that the maximum aggregate liability of Wellness with Katie to the participant under these Terms and Conditions shall not exceed the Fee paid.
All warranties and conditions whether implied by statute or otherwise are so far as is permitted excluded from these Terms and Conditions.
10. Data Protection
Wellness with Katie acts a Data Controller in relation to services supplied under these Terms and Conditions and the person responsible for data protection matters is Katie Duggan.
Katie Duggan shall ensure that data processing only takes place in accordance with the terms of this Terms and Conditions and any Data Processing Agreements in place from time to time. Katie only processes personal data where it has a lawful basis to do so.
Katie Duggan may store and process personal data via our servers located in the EU, or any other country that provides suitable and adequate security measures to protect the data. Data will be transferred in accordance with the relevant data protection laws.
We retain the right to respond to legal requests as necessary.
11. Personal Data
As permitted under data protection legislation, we will store a Client’s data for as long as necessary in order to provide our services to the Client. Information associated with your account will be kept until the information is no longer needed for the purposes agreed or for other legitimate purposes.
Once our relationship with you as a user of our classes has terminated, we will retain personal information only to comply with legal requirements, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and take any action permitted by law.
We do not pass participants/clients/customers information to any third parties except those who have contractually agreed to abide by our service Terms and Conditions. Your data will not be used or sold outside of the agreed Terms and Conditions.
12. Fair Processing Notice or Audio or Visual Records and Photographs
Wellness with Katie may take and use audio or visual recordings and photographs of you for the following purposes:
- to be displayed on the Wellness with Katie website;
- to be displayed on Wellness with Katie administered social media platforms;
- to appear in Wellness with Katie publications (including, but not limited to, prospectuses, marketing materials and annual reports)
- general publicity purposes
If you have any concerns about or wish to opt out to audio or visual recordings and photographs being taken please contact us.
If you would like us to remove any specific audio or visual recording or photograph of you from an existing Wellness with Katie publication, website or display, please contact Wellness with Katie by emailing us at email@example.com
13. Intellectual Property
Wellness with Katie reserves the right to all intellectual property in relation to this website and the services provided. Use of the services does not give the user any ownership in the services, its content or any trademark or logo used on the website.
Any information or material provided to us is on the basis of a non-exclusive, irrevocable, perpetual and royalty free licence to use such information and material in relation to the services we provide under our Terms and Conditions.
14. Changes to Terms and Conditions
These terms and conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions.
15. Force Majeure
Wellness with Katie will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control ofWellness with Katie .
Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17. No waiver
The failure by either party to enforce any obligation under these Terms and Conditions at any time or for any period shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms and Conditions.
18. Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is no contained herein shall be binding or form part of these Terms and Conditions.
19. Rights of Third Parties
No term of the Terms and Conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
20. Governing law and Jurisdiction
This Agreement shall be governed by Irish law and each party irrevocably submits to the exclusive jurisdiction of the Irish courts.