Floating Sound Bath Events – Terms and Conditions

Summary – What you need to know

• When you make a booking you are agreeing to these Terms and Conditions, including the health and fitness terms of use.;
• Your booking is only confirmed once we have received payment in full;
• You are responsible for your own health and wellness and for ensuring that our Service is suitable for you;
• You will be required to answer our health and fitness information questions before using ourServices;
• All payments are non-refundable unless we cancel, but you can request a date change up to 7 days before (subject to availability);
• You agree to be kind, respectful and mindful of our venues, our teachers and other people using our services;
• We make no guarantees about any results or outcomes you may experience from using our Services.

 

1. Introduction

 

1.1. These Terms and Conditions (“Terms”) along with our privacy notice, general website terms and conditions and disclaimer, available on our website at www.essexfloatingsoundbath.com (the “Website”) and the health and fitness terms of use, apply to your purchase and use of our floating sound bath experiences (“Services”).

 

1.2. When you complete our booking form, or otherwise purchase access to our Services, you are agreeing to these Terms. Our legal agreement is formed when we send your booking confirmation email.  

1.3. We may update these Terms at any time. Please check our Website regularly for updates. Your first booking, purchase, or use of our Website following any update constitutes your acceptance of any updated Terms. 

 

2. Our Services

 

2.1. Our Services are delivered in a group format unless otherwise stated at the time of booking.

 

2.2. Any information we share in connection with our Services is intended for a group audience and  is for guidance purposes only. We do not warrant or guarantee the relevancy, accuracy or quality of any information or content provided.

 

2.3. We make no guarantee that you will experience any particular result or outcome from using our Services. 

 

3. Safe use of our Services

 

3.1. Your decision to use our Services is voluntary and at your own risk.

 

3.2. You are responsible for carefully reviewing the details of our Services along with our disclaimer, and ensuring that the Services are right for you. If you have any medical conditions or take any medications that could affect your ability to safely participate or engage with the Services, then you agree to seek the advice of your GP or other healthcare provider before purchasing, accessing or using our Services.

 

3.3. You will remain fully responsible for your own health and wellbeing at all times and you agree to inform us if at any time you feel uncomfortable or unsafe with any aspect of our Services, or if you have any concerns with the delivery of the Services or your ability to safely use or access them.

 

3.4. You accept and understand that we are not qualified medical or health practitioners and do not provide medical consultations or advice relating to any medical, psychological, psychiatric or health conditions. We reserve the right to refuse access to any Service where we have concerns as to your suitability to safely participate and engage. Any decision to provide a refund in these circumstances will be at our absolute discretion.

 

3.5. When accessing and using our Services you agree:

 

3.5.1. to answer our health information questions fully and honestly prior to accessing our Services and to inform us if any details change; and

3.5.2. to act in a safe and sensible manner at all times when accessing or using our Services and to comply with any guidance or rules of attendance that are provided by us or any venue where the Services will be delivered; and

3.5.3. to treat any venues used to deliver the Services with respect and to take care of your personal belongings at all times. We will not be liable for any damage you cause or for your personal belongings.  

 

4. Engaging with others

4.1. You agree that at all times when using or engaging with our Services to conduct yourself in a reasonable and responsible manner and not to act in a way which may cause offence, distress or alarm to anyone else accessing or using our Services or that may affect their enjoyment of our Services.

 

4.2. Where we reasonably consider that you are in breach of the clause above then we reserve the right to withdraw your access to our Services. Any decision to provide a refund in these circumstances will be at our discretion.

 

5. Payment and Charges

 

5.1. The price of all Services (“Fee”) will be as shown on the booking form and payment checkout page at the time of completion. Payment must be made in GBP, in full, at the time of booking otherwise your booking will be cancelled. 

 

5.2. All Fees are non-refundable unless we cancel delivery of the Service to you.

 

5.3. We reserve the right to change our Fees at any time. Any changes will not affect the price of any Service where payment has already been made and a confirmation email sent.

 

6. Complaints or Concerns 

 

6.1. If you have any concerns about our Services, please let us know by email to anita@essexfloatingsoundbath.com and allow us a reasonable amount of time to investigate and resolve your concerns. 

 

7. Changes and cancellations

 

7.1. All bookings are non-refundable unless we cancel delivery of the Service.

 

7.2. If you are unable to attend a booked Service, we may offer you the option to change to an alternative date if an alternative date is available. Any request to change the date if a booked Service must be received by us at least 7 days before the original booked date. If an alternative date is available, we will transfer your booking to the alternative date. If no alternative date is available or you are unable to attend the alternative date offered then no refund or other alternative will be offered.

 

7.3. If we need to change or reschedule a Service delivery date or venue, then we will provide you with as much notice as we can but we shall not be liable for any changes and no refunds shall apply if you are unable to attend any rescheduled date or venue.

 

7.4. We reserve the right to make amendments, revisions or changes to our Services or any part, or cancel, amend, change or reschedule as is reasonably required. If we do need to make any changes then we will ensure that the Service still matches the original description, except where a change enhances the original description. We shall not be liable for any reasonable changes that are made to our Services.

 

7.5. We shall communicate with you using the details you provide on the booking form. If your details change you are responsible for notifying us.

 

7.6. We reserve the right to cancel your booking if:

7.6.1. you breach these Terms; or

7.6.2. we reasonably believe that you have acted or are acting in a way which may cause offence, distress or alarm to another individual using or accessing our Services; or

7.6.3. for any reason a venue becomes unavailable or delivery of our Services is unable to go ahead on a scheduled date due to a reason outside of our control. In such circumstances we shall use our reasonable efforts to source an alternative venue and/or arrange an alternative date. Where this is not possible then we shall cancel the Service and you will be entitled to a refund of the Fee paid as at the date of the cancellation.

 

8. Events outside of our control

 

8.1. Sometimes things happen which are outside of our control. Should an unforeseen or unexpected event arise which prevents us from delivering the Service to you then we shall contact you by email. We shall not be responsible for any failure or a delay in performing any of our obligations under these Terms which is caused by circumstances beyond our reasonable control. 

 

8.2. In the event an unforeseen or unexpected event arises which continues for a period in excess of 60 days then either of us will be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. This does not affect any other right to terminate as set out within these Terms and any refund will be considered at our discretion.

 

9. Liability

 

9.1. Our Services are intended to be used as described on our Website and on the basis set out within these Terms and should not be used for any other purposes.

 

9.2. We agree to deliver the Services with reasonable skill and care, any other warranties or representations are excluded to the fullest extent permitted by law.  

 

9.3. We do not hold any proprietary interest in any venue used to deliver the Services and we accept no liability in relation to acts or omissions which are caused by or are the result of any venue, including but not limited to cancellation or damage or loss of personal items during your use of or access to our Services.

 

9.4. Your use of our Website and/or any purchase of or access to any of our Services and your compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.

 

9.5. We shall not be liable to you (whether caused by us, our agents, employees or otherwise) for:

9.5.1. any indirect, consequential or special damages, losses or costs;

9.5.2. any loss of profits, data, reputation or goodwill or any such anticipated losses;

9.5.3. any failure to deliver our Services where we are prevented due to a reason beyond our reasonable control; or

9.5.4. any losses arising from your choice of Service requested, your decision to engage with or use our Services, or your use of a Service once delivered or accessed; or

9.5.5. Any losses or damages arising from your use of our Website or the use or reliance upon any content or other information found on our Website.

 

9.6. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.

 

9.7. Our liability to you is limited to the Fee paid by you at the time any loss is sustained.

 

9.8. We are unable to guarantee the transmission of information via the internet as it is not always secure. We shall do our best to protect your personal data but we are unable to guarantee the security of any information, including personal data, that is transmitted to us via our Website, any booking form, or otherwise through the internet. Any information that you send to us is at your own risk.

 

9.9. We have made every effort to accurately represent the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s experience depends on many factors, including his or her background and current circumstances and we make no guarantee, representation or warranty with respect to the Services provided or with respect to any results that will be achieved as a result of using or accessing our Services. Where we use testimonials or feedback from our users on our Website, this content is not to be taken as a guarantee that any current or future users will receive the same benefits or results. Testimonials are included on the Website purely as an example of the experiences other individuals have encountered in connection with our services.

 

9.10. By agreeing to these Terms and using or accessing our Services you acknowledge and agree that:

9.10.1. the Services require a moderate level of fitness; and 

9.10.2. the Services are not suitable for anyone with a pacemaker, or who has metal plates or similar fixings within their head; and

9.10.3. you are responsible for checking the details of the Service and ensuring that you are physically able to take part; and

9.10.4. you are responsible for obtaining advice or consent (as appropriate) from your GP or other healthcare provider prior to participating in or using our Services.

9.11. Nothing in these Terms seeks to excuse or limit your legal rights as a consumer, where applicable. For further information concerning your legal rights please contact your local Citizens Advice Bureau.

 

9.12. In the event a dispute arises in connection with the provision of the Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either of us shall be at liberty to commence legal action.

 

10. Your personal data and how we use it 

 

10.1. Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the UK GDPR and the Data Protection Act 2018. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of our Services and shall retain it only for as long as reasonably necessary to allow completion and delivery and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at www.anitadenise.com.

 

10.2. Our obligations above shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction, or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.

 

11. Use of Audio and Video equipment

 

11.1. We may use audio and video recording equipment during delivery of our Services and your voice or image may be captured. We agree to inform you prior to any recording and obtain your oral consent. Any recordings made will belong to us and we retain full copyright and rights to use them.

 

11.2. You agree not to make any audio or video recordings of our Services without our consent.

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12. Contacting us

 

12.1. The Services will be delivered by Anita Denise t/as Essex Floating Sound Bath. Our registered address is: 42 Banbury Road, Barton Seagrave, Kettering, NN15 4AQ

 

12.2. If you need to provide us with any notice, or you wish to contact us please email us at anita@essexfloatingsoundbath.com

 

13. General

 

13.1. No failure to actively enforce any provision of these Terms shall constitute a waiver, diminution or limitation of any right.

 

13.2. Where any part of these Terms is deemed invalid or unenforceable for any reason then that part shall be struck out and the remaining parts shall remain valid and enforceable.

 

13.3. We shall be entitled to transfer any of our rights and obligations under these Terms at any time, without notice to you.

 

13.4. These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

 

13.5. You agree that no other representations have been made by us to induce you into purchasing any of our Services and no modification or variation to these Terms shall be effective unless agreed in writing.

 

13.6. The Contracts (Rights of Third Parties) Act 1999 shall not apply.

 

Health and Fitness: Terms of Use

 

IMPORTANT: Please read the following information carefully.

 

If you have any medical, health or fitness concerns that may affect your ability to safely use our Services you must inform us as soon as possible and in any event before accessing or using our Services.

 

When you make a booking you are agreeing that you have read and agree to these health and fitness terms.

Your health, safety and welfare is very important to us.

 

We are not qualified medical or health professionals and do not offer or provide any medical or therapeutic advice, consultations or diagnosis. Should you require medical or therapeutic support then you should contact a suitably qualified professional.

 

Our Services should not be seen as a replacement to any existing medical treatment that you may be undergoing or require. 

When you use or access our Services you agree that:

1. You access or use our Services voluntarily and at your own risk;
2. You will inform us if at any time you feel uncomfortable or unsafe;
3. You will answer the health related questions on our booking form openly and honestly; and 

4. You will inform us of any medical, health or mobility issues that may affect your ability to safely access or use the Services