All retreat participants must make themselves aware of the following terms & conditions & accept the risks associated with the retreat activities, each guest must be responsible for taking out the appropriate personal accident, holiday, cancellation & Covid cover insurance policy for the full duration of the retreat.
If you do not already have a comprehensive travel policy with Covid cover in place prior to making your retreat / holiday reservation, we strongly advise that you do take out a policy as soon as you book your retreat / holiday.
Jessica Pearl Herman, known & referred to hereafter as JP Herman accepts bookings subject to the following conditions as laid out below.
INTERPRETATION & DEFINITION:
In the agreement unless otherwise specified the following expressions refer to the following meanings.
Booking – The booking made by the client with JP Herman
Contract – The contract between the client & JP Herman under which the services are provided by JP Herman to the client.
Client – The person, business or company who makes the booking with JP Herman. All individuals to whom the services are provided by JP Herman must be of a minimum age of 18 years.
Payment – The total fee will be due for payment strictly 4 full weeks in advance of the retreat / course commencement date.
Fee – The amount payable to JP Herman under the contract.
Deposit – A full upfront payment or a first installment will be required to reserve each place at the retreat.
Force Majeure / Special Circumstances – Any act, event, omission or accident beyond JP Herman’s reasonable control including but in no way limited to Act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, pandemic, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, adverse weather, default of suppliers or subcontractors, strikes, lock-out’s, or other industrial disputes, failure of a utility service or transport network.
Major Change – A change in the date or over 80% of the content of the service. The exception being under “special circumstances”.
JP Herman – JP Herman/ Jessica Pearl Herman
Recordings – Photographs, videos, or any other audio visual recordings taken of the clients during the provision of the services.
Wording importing the singular meaning shall include the plural meaning & vice versa.
All wording within the booking conditions is generalized & any reference to any gender includes the other genders.
The headings in these conditions are for convenience only & shall not affect their interpretation.
ACCEPTANCE:
A contract for the services is made between JP Herman & the client upon the issue of a formal written confirmation (e-mail) of booking by JP Herman,
The contract is subject to these booking conditions which the client has been deemed to have read & fully understood. These booking conditions can only be varied by written agreement between JP Herman & the client.
SERVICES:
The activities & services provided by JP Herman to the client under the terms of the contract & service shall be construed accordingly.
BOOKING:
To confirm your place at the retreat, you will be required to make the full upfront fee, or make a first installment payment as agreed with JP Herman. When this fee is received, JP Herman will send a confirmation email. All bookings are provisional & are only confirmed when the deposit payment has been received and a formal email confirmation has been sent to the client detailing their formal reservation confirmation.
The event organizer reserves the right to decline any booking at their discretion.
FEE & PAYMENT TERMS:
The fee payable at the time of booking shall include the planning, organizing & delivery of the proposed services.
Upon the successful payment of the initial retreat fee by the client a contract is formed for the agreed program to be delivered.
The full retreat fee is due 4 weeks before the commencement of the retreat unless agreed otherwise in writing / via email prior to / upon confirmation of booking.
In the event that the balance is not paid in the specified time frame the event organizer will have the discretion to treat the booking as cancelled by the client & to re-sell the retreat place, the fee paid by the client will be retained by the event organizer.
Should a participant not pay in full within 14 full days in advance of the retreat start date then the event organizer will have the right to cancel the reservation without notice or compensation, in this case no refund will be due.
RESPONSIBILITIES OF THE CLIENT:
The fee does not include lodging nor travel to & from the retreat location at which the proposed services shall be provided & this shall be the sole responsibility of the client.
The fee does not include meals at breakfast or lunch.
The client is responsible for their own personal medical needs / requirements.
It is the client's responsibility to inform JP Herman in writing of any past, present or potential health issues that may make them unsuitable to participate in the services agreed, failure to disclose any such information may result in JP Herman terminating the contract & withdrawing the client from the services without refund, notwithstanding conditions of cancelation by JP Herman. If a letter of suitability is required from a guests medical professional then this must be sent to & received by JP Herman a minimum of 7 days prior to a retreat’s start date.
It is the sole responsibility of the client to ensure that the balance for the cost of their retreat place is paid in full & on time as per the terms set out by JP Herman.
It is the client’s sole responsibility to ensure that they have purchased comprehensive & appropriate travel & medical insurance. This should include but not be limited to: personal accident, holiday & cancellation insurance for the full duration of the retreat, please note that purchasing / putting in place this type of insurance is highly recommended by JP Herman.
The full retreat fee is payable 4 weeks before the commencement of the retreat unless agreed otherwise on confirmation of booking. It is the sole responsibility of the client to ensure that their payment is made on time & by the due date. JP Herman does not chase guest payments or send payment reminders.
MEDICAL & HEALTH:
All clients using JP Herman services should be aware that when participating in any exercise or exercise program, there is the possibility of physical injury. In making a reservation / booking with JP Herman, you agree to assume such risk & agree to release & discharge JP Herman from any & all claims for liability, injury, loss & or damage arising from your participation in our services.
If you have any medical condition/s that may make you unsuitable to participate & or may impact on your participation in JP Herman services, you are required to notify us of them in full prior to making you reservation / booking.
If JP Herman or any member of the JP Herman team believe that your health or safety is at risk or if you have failed to disclose to JP Herman in writing any illness, injury or any previous or current medical or health condition / reason that could potentially impact on your ability to participate in JP Herman services, this could result in JP Herman’s refusal to allow you to participate in all / part of the services. In such a situation, your contract may be terminated by JP Herman at the sole discretion of JP Herman without refund or compensation.
Subject to prior notification to the contrary in writing by the client to JP Herman, the client must confirm that he / she is of good mental & physical health & not aware of any reason why they may not be unable & or unsuited to participate in JP Herman’s services & or may be likely to suffer illness or injury whilst participating in the services provided by JP Herman.
It is always advisable to consult with a Doctor prior to beginning any type of exercise program / regime.
VARIATIONS & AMENDMENTS:
JP Herman reserves the right to change any price or other particulars of the services before the contract becomes binding.
If there is a major change JP Herman shall notify the client forthwith, JP Herman shall seek to offer the client arrangements as close to the original as it is reasonably possible in the circumstances. If there is any other change other than a major change JP Herman is not obliged to inform the client in advance or obliged to pay any compensation. If changes are made by the venue JP Herman cannot be held responsible for any such changes which are out of their control.
CANCELLATION BY THE CLIENT:
If the client wishes to cancel the reservation / contract they must advise JP Herman in writing / via email as soon as reasonably possible. Any cancellation of the contract will be subject to the following cancellation charges. For the avoidance of doubt the cancellation charges are based on the number of days before the arrival date of the services.
Date of cancellation – Cancellation charge
Less than 2 weeks – 100% of the cost of the retreat will be retained by JP Herman
Less than 6 weeks – 75% of the cost of the retreat will be retained by JP Herman
Less than 12 weeks – 50% of the cost of the retreat will be retained by JP Herman
More than 12 weeks – 30% of the cost of the retreat will be retained by JP Herman
If the client has taken advantage of the special “early bird” price or has under “special circumstances” elected / requested to move / reschedule their retreat or has simply requested to move / reschedule their retreat to a future date then this is an exception to the normal terms & conditions & the deposit payment made by the client will become non refundable.
Refunds are made minus any applicable / relevant bank charges or card payment fees, plus an administration fee of €50.00 per client. Refunds are made minus any third party commissions where applicable.
GUEST REQUEST TO MOVE / CHANGE A RETREAT RESERVATION TO A NEW DATE/SERVICE:
Should a guest request to move their retreat date to a new / alternative date / alternative service then any deposit / full payment previously received by JP Herman will be deemed as non refundable. If JP Herman accepts a request by a guest to move their reservation (this is at the discretion of JP Herman) to a new / alternative date then an administration fee of €50.00 per person will be applied. If the request is within one full month of the retreats start date JP Herman will require medical proof if the change is due to a medical condition or injury. ( A hospital Doctors / GP report will be acceptable) If the request is within 14 full working days prior to the retreat start date then no move or change can be made at this stage. It is the responsibility of each individual guest to ensure that they have comprehensive travel & health insurance in place prior to or immediately upon making a reservation.
CANCELLATION BY JP Herman:
JP Herman will always endeavour to fulfill confirmed bookings, however, JP Herman does reserve the right to cancel a scheduled retreat date or an individual booking / reservation . If JP Herman cancels a booking prior to the commencement of the services the client will be offered an alternative date, or where applicable a full refund of all monies paid by the guest up to that point ( minus credit card charges & third party commission where applicable ) for the specified reservation.
The exception being that: if the cancellation is due to “special circumstances” which are beyond the control of JP Herman.
ASSIGNMENT:
The contract may be assigned by the client to a third party subject at all times to conditions.
The client is unable to assign or transfer the contract to a third party without the prior written consent of JP Herman, if the client wishes to assign their contract, he or she must give notice in writing providing the full name, address & contact details of the third party. JP Herman shall then advise in writing as to if it consents to the assignment as soon as is reasonably possible. JP Herman reserves the right to refuse an assignment to a third party at any time & without reason. If subsequently a client has to cancel due to JP Herman refusing the assignment to a third party then the cancellation charges under cancellation by the client shall apply.
JP Herman may assign or sub contract to any third party the performance of any of its obligations under the contract without consent of the client.
SERVICES:
JP Herman reserves the right to alter the content of the services at any time without notice to the client due to certain factors, including, but not limited to the weather, staff, & any physical fitness of the clients.
Any information on / about our services published by JP Herman for its literature & web site is designed for illustrative purposes only.
If the client elects not to participate in any of the services being provided, JP Herman has no obligation to provide an alternative activity or service & the client will not be entitled to a refund.
If JP Herman believes that a clients health & safety is at risk, or a client has failed to disclose any relevant health information in accordance with our terms & conditions, JP Herman may at its absolute discretion make decisions affecting the client & where necessary may terminate the contract immediately.
The client must refrain from any illegal act or any conduct physical or verbal which may give offence or cause danger or damage to any person or property. If JP Herman or any of its team, venue staff, consultants or agents become aware of any such action then JP Herman or any of its team, venue staff consultants or agents may at their absolute discretion have the client immediately removed from any property or facility without refund or compensation. JP Herman will have no liability whatsoever to the client under such circumstances.
LIABILITY:
None of the exclusions & limitations in these conditions are intended to limit any rights the client may have under statute or common law which may not be excluded, nor in any way to exclude or limit liability to the client for personal injury or death resulting from JP Herman negligence or that of its agents, or for any liability incurred as a result of fraud or fraudulent misrepresentation by JP Herman.
The client understands that attending any activity or service provided by JP Herman involves some level of risk. These risks include but are not limited to physical or mental injury or even death. By attending any activity or service provided by JP Herman the client agrees to assume these risks & agrees to release & discharge JP Herman & agents from any & all claims for liability.
Neither JP Herman nor any of its agents will be liable for any loss or damage to any personal property or vehicle belonging to the client during the services.
***It is the sole responsibility of the client to purchase full & adequate medical, personal injury & holiday insurance for the full duration of their stay with JP Herman.
All guests must refrain from any illegal act or any conduct unbecoming a retreat guest, conduct or language which may give offence to a team member or guest or any act which may cause damage to property. If JP Herman or any of its staff, consultants or agents become aware of any such act / conduct then JP Herman & its agents may, at their absolute discretion, ask the client to leave the premises, property or facility, this will be without refund or compensation to the guest, in these circumstances JP Herman will have no further responsibility or liability to the guest.
MEDIA:
JP Herman reserves the right to take any photos / recordings of the client during the services, & the client accepts that all rights whatsoever arising in the recordings shall be solely owned by JP Herman.
The client accepts & agrees that any photos / recordings may be used by JP Herman at its absolute discretion in any manner, including but not limited to its web site, promotional material & advertisements.
COPYRIGHT:
JP Herman reserves all copyright which may subsist in the products of, or in connection with, the provision of all activities, services or facilities. JP Herman reserves the right to take such actions as it deems appropriate or necessary to restrain or prevent infringement of such copyright.
LAW & JURISDICTION:
These terms & conditions shall be governed & construed in accordance with Italian law, & the parties shall submit to the non exclusive jurisdiction of the Italian Courts.
PRIVACY POLICY:
JP Herman are committed to protecting & respecting your privacy.
USE OF DATA
Any personal data that you submit will be retained by JP Herman for as long as you use the services & systems provided on the web site. Financial data you submit will not be stored or recorded. Invoices, receipts and records of payments will be stored as per articolo 2220 of the Italian Civil code for a minimun of 10 years from the date of registration.
Unless we are obliged or permitted by law to do so, & subject to clause, third party web sites & services your data will not be disclosed to third parties.
All personal data is stored securely in accordance with the principles of the GDPR.
Any or all of the above data may be required by us from time to time in order to provide you with the best possible service & experience whilst using our web site, specifically data may be used by us for the following;
Internal record keeping.
To help to improve our products & services.
To transmit via e-mail details of our products & services which may be of interest to you.
Contact for market research purposes, which can include e-mail, telephone, postal mail.
THIRD PARTY WEB SITES & SERVICES:
JP Herman may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising & marketing. The providers of such services do have access to certain personal data provided by users of this web site.
Special Circumstances:
Force Majeure / Special Circumstances – Any act, event, omission or accident beyond JP Herman’s reasonable control including but in no way limited to Act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, earthquake, storm, adverse weather, default of suppliers or subcontractors, strikes, lock-out’s, or other industrial disputes, failure of a utility service or transport network. The closure of Italian borders, a national / global health issue, such as a pandemic, World Health Organisation (WHO), the Foreign & Commonwealth Office (FCO) or Italian Government advice, for example that it is not safe to travel to our location during a time when a retreat is scheduled to take place.
Under Special Circumstances, Providing a minimum of 4 weeks notice is given by the client, JP Herman will offer to move / re-schedule the clients reservation to an alternative date within the same financial year, or keep the fees paid as a credit for another event or to use towards services. Under special circumstances JP Herman will make no administration charges for moving the clients reservation. Under special circumstances where a client is offered the opportunity to & elects / requests to move their reservation to an alternative date, the reservation / booking deposit will then become non refundable. Maximum number of moves / changes possible are two. If a client cancels or requests to move a reservation within 7 days of a retreats scheduled start date during a period of special circumstances JP Herman may make reasonable deductions for out of pocket expenses made prior to the date of notification by the client.