Terms and Conditions

GIRIJA SHETTAR MEDITATION

SESSION TERMS AND CONDITIONS

1.DEFINITIONS AND INTERPRETATION

1.1 Definitions:

“Business Day“a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

“Customer” means, the individual person (or business, organisation or school) who signs the relevant Session Booking Confirmation as customer.

“Girija Shettar Meditation” means Girija Shettar Meditation, a meditation business operated by Girija Shettar, or where the context requires, Girija Shettar (as an individual).

“Price” means the overall price payable by the customer for the Session (or Sessions) as set out in the Session Booking Confirmation.

“Session” means a meditation, yoga or other session operated by Girija Shettar for the Customer and other participants at the location specified in the Session Booking Confirmation.

“Session Booking Confirmation” means the session booking confirmation signed between the Customer and Girija Shettar setting out the details of the Session (or Sessions).

“Terms and Conditions” or “Conditions” means these terms and conditions as amended from time to time in accordance with Clause .

1.2 Interpretation:

(a) Unless expressly provided otherwise in these Conditions, a reference to legislation or a legislative provision:

(i) is a reference to it as amended, extended or re-enacted from time to time; and

(ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.

(b) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

(d) A reference to “we”, “us” or “our” shall be a reference to Girija Shettar Meditation and a reference to “you” shall be a reference to the Customer.

2. BOOKING OF SESSIONS AND ATTENDANCE AT SESSIONS

2.1 Sessions shall be booked by the Customer in advance by way of email communication, social media message or by utilising the Girija Shettar Meditation website (when it is available).

2.2 Prior to the start of a Session, the Customer and Girija Shettar Meditation shall sign a Session Booking Confirmation. The Customer shall not be permitted to commence participation of a Session before signing a Session Booking Confirmation.

2.3 We may agree to you making a provisional reservation of Sessions with us prior to payment of Price, but your Session(s) will not be reserved until the Price has been paid and a Session Booking Confirmation has been signed between you and us. Further details on payment are included in Clause (Price and Payment).

2.4 We require that you attend and sign in for a Session a minimum of five (5) minutes prior to the Session start time. If you have not signed in by this time, your space will be opened up to allow drop in customers and this will be treated as a late cancellation. You will not be refunded the Session Price.

2.5 By signing a Session Booking Confirmation, you accept in full these Terms and Conditions.

2.6 These Terms and Conditions and the Session Booking Confirmation apply to our relationship to the exclusion of any other terms and supersede any other agreement whether oral or in writing.

3. PRICE AND PAYMENT

3.1 The Price for your Session(s) shall be set out in the Session Booking Confirmation, and shall be the full and exclusive remuneration of Girija Shettar Meditation in respect of the delivery of the Session(s).

3.2 In the event that you book more than one (1) Session, the full Price for all Sessions shall be due and payable before the date of the first Session unless otherwise agreed in writing between you and us.

3.3 If requested, Girija Shettar Meditation shall provide an invoice to you in respect of each payment contemplated by this Clause .

3.4 You shall pay the invoiced amounts to a paypal account of Girija Shettar Meditation the details of which are provided in the Session Booking Confirmation or will be separately provided to the Customer by Girija Shettar.

3.5 [The Price quoted will include VAT.]

4. INDEMNITY

The Customer shall indemnify Girija Shettar Meditation (the “Indemnified Party“) against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the Indemnified Party arising out of or in connection with (i) any breach by the Customer of these Terms and Conditions or the terms of any Session Booking Confirmation (ii) any matter concerning the provision of the Sessions by the Indemnified Party to the Customer.

5. CANCELLATION OR RESCHEDULING

5.1 In the event that you wish to cancel or reschedule a Session (or Sessions), you must do so in writing by sending a written notice to Girija Shettar Meditation (by email).

5.2 If you cancel or reschedule your Session less than twenty-four (24) hours prior to the scheduled time of the Session, all monies paid by you to us shall be retained by us and shall not be refunded under any circumstances by us to you.

5.3 If you cancel or reschedule your Session more than twenty-four (24) hours prior to the scheduled time of the Session, you shall be entitled to reschedule your Session for an equivalently priced Session without paying additional monies or you shall be entitled to a refund.

5.4 In the event that we need to cancel or reschedule a Session (or Sessions), we shall refund to you all monies paid prior to that Session or invite you to utilise monies paid in order to pay for a new Session.

6. CONDUCT

6.1 The Customer shall take every precaution not to incur any injury or cause any injury to any other person or to damage the venue (if any) at which the Session is taking place (or any property of the venue). For the avoidance of doubt, breach of this Clause shall be a breach of these Conditions for the purposes of Clause (Indemnity).

6.2 The Customer hereby undertakes to Girija Shettar Meditation:

(a) to arrive on time at each Session and at least five (5) minutes before the start time of the Session;

(b) to inform the instructor of any current or prior injuries that may be relevant when considering participation in a Session;

(c) to inform the instructor of any current or prior psychiatric or mental health issues that may be relevant when considering participation in a Session;

(d) that they will not participate in any Session if they have any physical or mental health issue;

(e) to behave in a way that is respectful of all other participants and of the instructor;

(f) to listen carefully to the instructions of the instructor and inform the instructor if any action feels uncomfortable or is causing any pain.

7. INSURANCE AND HEALTH AND SAFETY

7.1 You hereby expressly acknowledge that Girija Shettar Meditation does not have any insurance policy on which you will have any right or entitlement to claim or benefit from in any way other than insurance which Girija Shettar Meditation is required to have by law.

7.2 To the extent that a Session takes place at a location of a third party (such as a business, organisation or school) such third party may have public liability insurance and/or other insurance policies which you may be entitled to make a claim against.

7.3 The Customer may wish to obtain and maintain a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Customer, arising out of the Customer and in respect of the liability outlined in Clause (Indemnity).

7.4 The Customer hereby expressly acknowledges that Girija Shettar Meditation has not undertaken any health and safety (including fire safety) analysis in relation to any building at which a Session will be held and makes no confirmation to the Customer in respect of the sufficiency of any health and safety or fire safety certification of such a location.

7.5 The Customer, if it is a business, organisation or school or has engaged Girija Shettar Meditation to provide Sessions at its location, hereby warrants and undertakes to Girija Shettar that (i) all required health and safety inspections have been carried out prior to the start of the first Session (ii) that the Customer is responsible at all times for the safety of the location and all fixtures and fittings within the location and hereby expressly acknowledges that any loss, damage or other expense suffered by Girija Shettar Meditation in relation to the lack of safety of the location or any other matter relating to the location shall be covered by the indemnity provided by the Customer to Girija Shettar Meditation under Clause 4 (Indemnity).

8. CUSTOMER WAIVER

8.1 The Customer hereby expressly acknowledges that the Customer is participating in a Session which involves meditation, yoga or other similar workshop exercises offered by Girija Shettar Meditation during which the Customer will receive information and instruction about the Session and the way to participate in the Session. The Customer recognises that meditation, yoga and other workshop exercises may require physical exertion, which may be strenuous and may cause physical injury. The Customer recognises that meditation, yoga and other workshop exercises may involve activities which are mentally or psychologically strenuous. The Customer hereby expressly acknowledges that the Customer is fully aware of the risks and/or hazards involved.

8.2 The Customer hereby expressly confirms that it understands that it is their responsibility to consult with a physician prior to and regarding your participation in the Session. The Customer hereby certifies that they are physically fit and have no medical condition which would prevent their full participation in the Session.

8.3 The Customer hereby confirms to Girija Shettar that they are in good physical health and mental health and are not currently under any form of medical or psychiatric supervision that may affect their participation in the Session.

8.4 The Customer agrees to assume full responsibility for any risks, injuries or damages, known or unknown, which they might incur as a result of participating in any Session, whether in person, online, at a public location or in a building of any kind.

8.5 The Customer knowingly, voluntarily and expressly waives any claim that they may have against Girija Shettar Meditation and Girija Shettar, for any injury, or damages that you may sustain as a result of participating in a Session, to the maximum extent permitted by law.

8.6 The Customer hereby agrees that they will not record, photograph or video any Session (whether in person or online) and will fully respect the privacy of other participants. Any breach of this clause will result in cancellation of all future booked Sessions and Girija Shettar Meditation reserves our rights to pursue all legal recourse against the Customer. Girija Shettar Meditation does not take any responsibility for any breach of this provision by a third party.

8.7 The Customer, its heirs or legal representatives, forever release, waive and discharge negligence or other acts to the maximum extent permitted by law.

9. LIMITATION OF LIABILITY

9.1 Other than as expressly provided under these Terms and Conditions, we shall have no liability to you in respect of any loss, claim, expense (without limitation) that you may incur directly or indirectly as a result of signing a Session Booking Confirmation and/ or agreeing to these Terms and Conditions and/or in relation to any matter relating to your attendance at a Session or any other matter relating to your relationship with us.

9.2 Nothing in these Terms and Conditions shall exclude our liability for death or personal injury, for fraud or fraudulent misrepresentation, or for any other matter for which liability may not legally be excluded. In case of any such liability which cannot be excluded by law, the maximum amount of our liability shall be capped at the amount of the Price paid by the Customer.

10. DATA PROTECTION

10.1 Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018 (and regulations made thereunder), the retained EU law version of General Data Protection Regulation ((EU) 2016/679), and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426).

10.2 Girija Shettar Meditation will process the Customer’s personal data in accordance with its privacy notice available on the Girija Shettar Meditation website.

11.GENERAL

11.1 Assignment and other dealings.

(a) Girija Shettar Meditation may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Conditions or any Session Booking Confirmation.

(b) The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Conditions or any Session Booking Confirmation without the prior written consent of Girija Shettar Meditation.

11.2 Confidentiality.

(a) Each party undertakes that it shall not at any time disclose to any person any confidential information, except as permitted by clause .

(b) Each party may disclose the other party’s confidential information:

(i) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Conditions or any Session Booking Confirmation. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this Clause ; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these Conditions.

11.3 Entire agreement. These Conditions and any Session Booking Confirmation constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

11.4 Variation. Except as set out in these Conditions, no variation of these Conditions or any Session Booking Confirmation, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the parties or their authorised representatives.

11.5 Waiver. A waiver of any right or remedy under these Conditions, a Session Booking Confirmation or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Conditions, a Session Booking Confirmation or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Conditions, a Session Booking Confirmation or by law shall prevent or restrict the further exercise of that or any other right or remedy.

11.6 Severance. If any provision or part-provision of these Conditions or a Session Booking Confirmation is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity or enforceability of the rest of the Conditions or the Session Booking Confirmation. If any provision or part-provision of the Conditions or the Session Booking Confirmation is deemed deleted under this Clause , the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provisions.

11.7 Notices.

(a) Any notice or other communication given to a party under or in connection with these Conditions shall be in writing, and shall be delivered by hand, or by pre-paid first class post or other next working day delivery service, at its registered office (if a company) or its principal place of business (in any other case), or sent by email to the email address provided in the Session Booking Confirmation.

(b) A notice or other communication shall be deemed to have been received: if delivered by hand, at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or, if sent by email, at 9:00 am on the next Business Day after transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause , business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

(c) This Clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

11.8 Third party rights.

(a) Unless it expressly states otherwise, neither these Conditions or any Session Booking Confirmation gives rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions or any Session Booking Confirmation.

(b) The rights of the parties to rescind or vary these Conditions or any Session Booking Confirmation are not subject to the consent of any other person.

11.9 Governing law. These Conditions and any Session Booking Confirmation, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions or any Session Booking Confirmation or the subject matter or formation of these Conditions or any Session Booking Confirmation shall be governed by, and construed in accordance with the law of England and Wales.

11.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions or any Session Booking Confirmation or in relation to the subject matter or formation of these Conditions or any Session Booking Confirmation.