Terms and conditions
1. About these Terms and Conditions
By Booking a session with Mariana Mindfulness, 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.
2. You can contact us by emailing:
support@marianamindfulness.com
If I have to contact you, I will do so by writing to you at the email address or postal address you provide to me in your booking form/contact form.
3. Definitions
“Agreement” means these Terms and Conditions and the Booking Form.
“Mariana Mindfulness” means the entity with which you have entered into this Agreement.
“Fee” means the amount payable for the courses, sessions or workshops – in person or online as detailed in the booking form/email confirmation.
“Term” denotes the periods throughout the year(s) during which we run courses, sessions or workshops – in person or online.
“Venue” means the place at which Mariana Lopes provides the training courses, event or workshop – in person or online.
4. Booking and Payment
Each Event has a specific maximum capacity for the number of people that can attend. For the 6-week course the maximum number of people is 10. The Customer is deemed to accept these terms upon booking upon an Event and is responsible for ensuring the accuracy of all details submitted on the booking form. These terms govern the booking for the Event to the exclusion of any terms and conditions of the Customer. The booking form incorporates these terms and constitutes a legally binding contract.
We will email your booking confirmation, to the email address provided. If you have not received your confirmation within 48 hours of booking, please contact us. It is your responsibility to ensure that your email is set up to allow you to receive your confirmation, and we cannot accept any liability for any consequences of your not doing so. Please retain proof of your registration, as this and/or identification may be requested upon check-in for the course or session.
Some courses may require the submission of a participant questionnaire after a booking is made. This will allow us to make the teacher aware of any issues that they need to be sensitive to during the course and to schedule a follow up call, if necessary. If for any reason, any information provided suggests that a Participant is not fit to attend the course, we reserve the right to cancel their booking and refund that Participant’s booking fees in full to the Customer.
By registering for the course, all Participants assume the responsibility of ensuring they are physically and psychologically fit to participate in this programme and that they have consulted with their doctor or psychologists as necessary. Some of the activities undertaken in mindfulness courses are movement or floor-based and it is sometimes necessary to move light furniture around (e.g. chairs). It is always the responsibility of each participant to make the decision about whether to take part in a specific activity. If there is any doubt, the decision should always be to exercise caution and we recommend that participants consult a GP or other health professional, if ever unsure whether any activity is safe for them to do.
Participants attending one on one and 6-week courses shall be required to sign a Participant Agreement before being allowed to attend an event. For the avoidance of doubt, the Participant Agreement shall be incorporated into, and form part of, these Terms and Conditions. Failure by a Participant to sign the Participant Agreement may result in the Participant being refused entry to the Event and no refund will be due as a result. Failure to sign the Participant Agreement does not change that participation in the course is still subject to these Terms and Conditions, which must be adhered to at all times upon booking.
Unless otherwise stated, all prices shown on the Website are inclusive of VAT and other applicable UK taxes.
5. Cancellations or Changes to Bookings
In the case that the course is cancelled prior to commencement by us, any advance paid fees will be refunded in full. However, we will not be able to compensate you for any other expenses you have incurred in connection with the course.
Session Rescheduling by us
If a course or one of the sessions needs to be cancelled due to other unforeseeable circumstances, we will make all efforts to make up this class by adding a session at the end of the course at the same time and day, or by adding course time to previously scheduled class sessions. If that is not possible, it may be necessary to reschedule it for an alternative day, time, and/or location. In this case, Participants will be responsible for any special arrangements required to attend the session. In any case,the course teacher reserves the right to engage a substitute teacher as necessary to ensure the continuity of the course.
Cancellation by the Participant or Customer
If an Agreement is cancelled by a Participant or a Customer we are unable to offer any refunds or course transfers if cancelled less than 7 days prior to the course's first session If a Participant fails to attend the course, the Customer is not entitled to a refund or transfer.
If an Agreement is cancelled by the Customer or a Participant more than 7 days before a course or the first session of an Event, we will refund the full fee minus a 10% administration fee and any costs incurred by us in providing the Services. Alternatively, the full fee can be applied as a credit towards a future course, which must be booked in advance and is subject to availability.
You must send your cancellation or transfer request to us by email at support@marianamindfulness.com.
One on one sessions: Missed sessions cannot be carried over to the next one without prior written consent (online or actual document). We operate a 48-hour cancellation policy. If you change a session time or date or miss a session with less than 48-hours’ notice, the session is charged at the full rate.
6. Attending a course/session – 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:
Courses/sessions will start on time and people must arrive before the event is due to start.
During the course/session, mobile phones must please be either be switched off or on silent unless otherwise agreed.
THe environment is relaxed and sociable, however to show respect for the group, general chatter must be kept to a minimum to ensure that the facilitator 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 participants 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 facilitator of a workshop/session determines that the participant is disruptive, the teacher shall be entitled to exclude the participant.
7. Responsibilities
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 Mariana Lopes of any change in such information immediately;
8. Limitation of Liability
Mariana Mindfulness 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.
Mariana Lopes 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 Mariana Lopes 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 Mariana Lopes to exclude or attempt to exclude its liability.
The participant agrees that any claim against Mariana Lopes or any facilitator, 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 Mariana Lopes 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.
9. Fair Processing Notice or Audio or Visual Records and Photographs
Mariana Lopes may take and use audio or visual recordings and photographs of you for the following purposes:
to be displayed on the Mariana Mindfulness website;
to be displayed on Mariana Mindfulness administered social media platforms;
to appear in Mariana Lopes 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, we fully understand these wishes and they will not be questioned so please contact us at: support@marianamindfulness.com.
10. Intellectual Property
Mariana Lopes reserves the right to all intellectual property in relation to this website and the services provided. 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.
11. 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. By accepting our Terms and Conditions, you consent to our collection, storage, use and disclosure of your personal information as described in our Privacy Policy.
12. Force Majeure
Mariana Lopes 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 of Mariana Lopes.
13. Severance
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.
14. 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.
15. 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 not contained herein shall be binding or form part of these Terms and Conditions.
16. 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.
17. Governing law and Jurisdiction
This Agreement shall be governed by English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.