TERMS OF SERVICE AND COACHING DISCLAIMER
Where referred to in this document the following terms mean the following:
Customer: The person who purchases services from the organizer.
Organizer: Tomasz Drybala Ltd
Coaching: A process that aims to improve performance and focuses on the "here and now" rather than on the distant past or future.
Force Majeure: Circumstances or causes beyond the organizer’s reasonable control.
Cost: Any costs incurred by the customer outside of the Event Cost.
Event Cost: The balance paid by the customer to the organizer for the event in question.
Activity: Scheduled element of a single day or multi-day flow, mindful running and active meditation event (including but notwithstanding trail running, road running, endurance running, yoga, Pilates, meditation, strength and conditioning sessions, stretching sessions, hiking, swimming, kayaking, sailing, surfing, climbing, etc.)
Event: Flow Up Weekends and all other coaching sessions, workshops or talks provided by Organizer.
1. BOOKING CONDITIONS
1.1 By booking with us you accept to be bound by the terms and conditions outlined herein. When a group makes a booking all participants within the group agree to be bound by these terms and conditions.
2.1 Organizer will provide the event using reasonable care and skill.
2.2 Where any part of the event is provided by a third party, Organizer will use reasonable care and skill in selecting such other third party, but shall not be liable to the Customer for the performance of the third party and/or for any loss or damage, whether of a personal nature or to the Customer’s possessions, as a result of the third parties act or omission howsoever caused.
2.3 The event by its very nature has inherent risks of personal injury and damage to health which the Customer recognises and accepts in joining the event.
2.4 The Customer travels and takes part in the event entirely at his or her own risk and the Organizer shall not be liable to the Customer because of any representation or implied warranty, condition or other terms, or any duty, in contract or common law, for any loss of profit or any consequential loss of any kind howsoever caused and whether caused by Organizer.
2.5 Organizer gives no warranty as to the ultimate success or otherwise of the event, as this can be dependent upon numerous external factors, such as weather, over which Organizer has no control.
2.6 Organizer shall not be liable for any delay to or cancellation of the event due to any reasons beyond its control, or any damage to the Customer’s property howsoever caused.
2.7 The liability of the Organizer to the Customer is limited to the event cost.
3.1 The Customer agrees to take out adequate insurance at his/her own expense for the duration of the event.
3.2 The Customer shall be fully responsible for ensuring that the insurance covers all the risks in respect of the event inclusive of all travelling associated with the event. Costs incurred by the Customer, due to an evacuation, rescue or other emergency events shall be the Customer's responsibility. We also recommend your insurance covers you for event cancellation and baggage loss/damage. We are unable to accept responsibility for the loss or damage to any Customer possessions, equipment or luggage.
4.1 The Customer shall pay the Event Cost to Organizer.
4.2 A deposit of £250 of the Event Cost, shall be paid to Organizer at the time of booking.
4.3 Balance of payment is due two months before the Event start date. If full payment is not received by this date we reserve the right to cancel your booking without any refund of the event deposit.
5. TRANSFER OF BOOKING
Should you be unable to participate in an event having made a booking then we will endeavour to facilitate the transfer of your place to another person should you wish to do so. Such a transfer of your place to another person requires they satisfy all the conditions for the activity (including health and fitness requirements as set out in clause 10 below).
6. PERSONAL RISK
In choosing to undertake activities in a mountain, forest, moorland environment or the water you accept that these activities may pose a danger of personal injury or even death. All customers must be aware of and accept these risks and be responsible for their actions and involvement in such activities.
7. MEDICAL CARE
Customers should be aware that the locations of our events are often remote and do not necessarily have emergency rescue and medical facilities operating in the area. Routes wherever practicable have been planned and recced and deemed safe by our guides, who are trained in first aid.
By booking an activity you (and, in the case of a group booking, all other members of your group) attest to being in good medical health medically fit to participate in the chosen activity.
Although we adhere to planned itineraries wherever possible, changes may occur to both travel and guiding itineraries due to external factors beyond our control. In particular, the person leading the event has the discretion to alter programmes at any time in the interests of Customer safety. If changes are made to the itinerary any extra costs will be met by the Customer. This includes a limited variation to dates due to airline schedules release and availability.
9. DUTY OF CARE
By booking, you agree to abide by instructions and decisions made by the person leading the activity. Any individual contravening the decisions or advice of the person leading the event or activity, or undertaking independent activities not scheduled as part of the event, relinquishes the duty of care of the person leading the activity and/or event.
All information contained within the Organizer website and other publicity is for guidance only. Whilst making every effort to ensure accuracy, we cannot be responsible for any inaccuracies or alterations beyond our control.
11. PHOTOGRAPHY AND VIDEO
While participating in the group activities, your photo may be taken and posted on our website or social media. It is your responsibility to inform the Organizer if you do not wish to be photographed.
12. UNAVOIDABLE OCCURRENCES
We do not accept liability for the consequences of strikes, riots, acts of war or terrorism, disease outbreaks, government intervention, natural disasters or adverse/unusual weather conditions. If such occurrences cause us to have to cancel an activity we will endeavour to offer an alternative, but accept no liability for the return of fees paid before cancellation or curtailment.
13. DISCOUNTS AND PROMOTIONAL OFFERS
Offers and discounts are only redeemable as a single entity and not in conjunction with any other promotional discount unless otherwise agreed in full with Organizer.
14. MINIMUM NUMBERS
We reserve the right to cancel Events where the minimum number of participants has not been reached. We will not cancel an event less than two months before it is set to begin, except where necessary due to Force Majeure.
15. CUSTOMER CANCELLATION
If you wish to cancel you must notify us in writing, whereupon the following charges will be applied from the date we receive your notice of cancellation:
16. EVENT CANCELLATION
If we have to cancel a booking we shall refund all monies transferred by the customer to date, or the customer can re-book on an alternative event to the same value, different date or activity. If we cancel an event we will not be liable for any expenses that you may have incurred as a result of your booking, or in the expectation of the activity taking place.
17. CANCELLATION DUE TO CORONAVIRUS
To support all our clients through the period of coronavirus, we are offering a postponement condition for all events.
What does that mean? Basically, if you have to cancel or postpone your event due to Corona Virus, we will offer the chance to reschedule your event to a new date within 12 months of booking, at no extra cost, subject to availability.
18. COACHING DISCLAIMER
All coaching services and communication email or otherwise, delivered by Tomasz Drybala Ltd as well as information on tomaszdrybala.com are meant to help you identify the areas in your life and in your thinking that may be standing in your way. However, coaching is not professional mental health care or medical care. If you feel psychologically stressed to the point that it is interfering with your ability to function, please have the courage to seek the help you need in the form of a professional counsellor. Coaching may augment your therapy, but the work of coaching is meant to be done when major emotional and psychological wounds are already healing or healed.
In that spirit, by purchasing coaching services from Tomasz Drybala Ltd, you confirm that you have read and agreed to each statement and that you wish to proceed:
18.1 I understand that the coaching services I will be receiving from Organizer are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that Organizer is not acting as a mental health counsellor or a medical professional.
18.2 I understand that coaching is, at present, an unregulated industry and that Organizer is not licensed by any internationally recognised regulator. I also understand that for all legal purposes, the services provided by Organizer will be considered to be provided from any remote location worldwide or otherwise in the United Kingdom.
18.3 I understand and agree that I am fully responsible for my well-being during my coaching sessions, and subsequently, including my choices and decisions.
18.4 I understand that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and I will not use it in place of any form of therapy.
18.5 I understand that all comments and ideas offered by Organizer are solely to aid me in achieving my defined goals. I can give my informed consent, and hereby give such consent to my coach to assist me in achieving such goals and aims.
18.6 I understand that to the extent our work together involves career or business, Organizer is not promising outcomes including but not limited to increased clientele, profitability and or business success.
18.7 I understand that Organizer will protect my information as confidential unless I state otherwise in writing. If I report child, or elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement is limited in this capacity. Furthermore, if Organizer is ordered by a court to provide information or to testify, they will do so to the extent that the law requires.
18.8 I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, Skype and other technology.
18.9 I hereby release, waive, acquit and forever discharge Organizer, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by Organizer as a result of the advice given by Organizer or otherwise resulting from the coaching relationship contemplated by this agreement. I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to acknowledge this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
19. ENTIRE AGREEMENT AND VARIATION
This agreement constitutes the entire agreement between the parties. No variation to the terms of this agreement is permitted without the express written agreement by both parties.
20. GOVERNING LAW
This agreement is governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction over any dispute arising from this agreement.
Lat updated: 21 April 202
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