Retreat Participation Agreement
TIDE RISERS RETREAT PARTICIPATION AGREEMENT
1. Participation Agreement
We use the following terms in this Participation Agreement:
‘retreat’ or ‘services’ means the residential retreat at Shore Hall Manor House and Gardens;
‘we’ / ‘us’ / ‘our’ means “Tide Risers”, a company incorporated and registered in England and Wales with company number 14067152 whose registered office is at 483 Green Lanes, London N13 4BS;
‘you’ / ‘your’ means you the client.
This Participation Agreement sets out the entire understanding about how we will provide our services to you. Please read this agreement carefully because by signing this agreement, you are agreeing that you understand and accept it. If you are unsure about any part of this agreement, please ask us for clarification. A legally binding contract between us and you will be created once we and you sign this agreement.
By signing this Participation Agreement, we and you both agree that we have given or made the following information available to you at the point of sale:
- who we are and the services that we are offering you
- the total costs for the services including taxes
- the arrangements for payment
- how to cancel our services and the conditions for cancelling it
2. Providing the Services
We agree to provide you with the services to a standard that would reasonably be expected of a competent retreat provider who offers similar retreat services in the United Kingdom and also per the terms of this Participation Agreement.
We will make reasonable efforts to complete the services on time and in accordance with the details set out at the point of sale. We cannot, however, be held responsible for any delays if an event outside of our control occurs.
3. Retreat Programme Changes
We do our best to keep our services as advertised. We reserve the right to make changes to our services (including, changes to the types of activities available, included items and/or services, the programme, classes etc.) due to availability of third-party providers, weather conditions, local conditions, or other circumstances beyond our control. You will not be eligible for any refunds of any amounts based on any changes to the services.
4. Travel Requirements & Insurance
You are responsible for obtaining any applicable travel documents (visas, permits, certificates, etc.). We highly recommend purchasing suitable travel insurance to cover you in the event of cancellation of your retreat. You are responsible for the cost of any insurance and ensuring that you are adequately insured for the full duration of the retreat.
5. Programme Participation
You agree and acknowledge that:
- you are voluntarily participating in your retreat, which may include activities such as but not limited to walking, running, equine facilitated learning or other activities with horses (see Schedule 1 – Equine Waiver), massage, Reiki, dancing, yoga, swimming and various other exercises or physical activity;
- you are fully aware of the risks and hazards connected with participation in our services or engaging in these kinds of physical activities, which may include the risk of serious injury, medical conditions and even death;
- you will act responsibly and sensibly at all times during your retreat;
- practices such as mindfulness, experiential activities, and equine facilitated learning are recognised as having therapeutic value but note that the exercises in this retreat have no therapeutic intention and warrant that you will remain responsible for your own personal emotional well-being at all times during and after these sessions and activities.
- photographs and video may be taken during retreat activities and may be used in our promotional materials, social media, and on our website.
We are not qualified to express an opinion that you are fit to safely participate. If you are unsure, we strongly encourage you to obtain professional or specialist advice from your regular doctor before participating. In the absence of any negligence or other breach of duty by us, participation in our retreat, including interaction with horses, and the use of our machinery, equipment or facility is entirely at your own risk. If you are injured while participating in our retreat, you agree to assume all financial obligations for any medical costs you incur.
6. Problems with Our Services and Your Rights
We use reasonable efforts to ensure that your retreat experience is enjoyable and trouble-free. If, however, you have a problem with our services, we ask that you tell us as soon as is reasonably possible. We will use reasonable efforts to remedy problems as quickly as is reasonably possible and practical.
As a consumer, you have certain legal rights with respect to our services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local citizens advice bureau or Trading Standards office.
7. Liability and Indemnity
We shall only be liable for direct losses that are a reasonably foreseeable consequence of our breach of this Participation Agreement or our negligence. A loss or damage is deemed ‘foreseeable’ if it was an obvious outcome of our breach or negligence at the time the contract was formed. Under no circumstances will we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, loss of business, business interruption, or loss of business opportunity.
Our services are provided solely for your personal use and enjoyment. We expressly disclaim any liability for losses related to your business activities, including but not limited to, loss of profit, loss of business, business interruption, or any loss of business opportunity.
We do not seek to exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. Nor do we seek to exclude or limit our liability for failing to perform the services with reasonable care and skill or in accordance with information provided by us about our services.
You agree to indemnify us in relation to any loss, cost, or expense we incur by reason of your failure to comply with this Participation Agreement (including for example, if you provide us with inaccurate or misleading information).
Nothing in this Participation Agreement seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local citizens advice bureau or Trading Standards office.
8. Events Outside of Our Control
We will not be liable for any failure or delay in performing our services where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, for example:
- power failure
- internet service provider failure
- strikes, lock-outs or other industrial action by third parties
- riots and other civil unrest
- fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster
- or any other event that is beyond our reasonable control.
If any event described above occurs that is likely to adversely affect our performance of our services, we will inform you as soon as is reasonably possible and our obligation to deliver the services will be suspended. We will provide details of any new dates, times or availability of our services.
9. Communication and Contact Details
If you wish to contact us, you are welcome to contact us by telephone or by email. We always welcome feedback from you and, while we always use all reasonable endeavours to ensure that your retreat experience is a positive and happy one, we nevertheless want to hear from you if you have a cause for complaint. If you wish to complain about any aspect of our services, please contact us in one of the following ways:
- by telephone, on +44 1376 428859
- by email, addressed to lara@shorehall.com
10. Personal Information
We respect your privacy and we are committed to protecting your personal data. We will only use your personal data as set out in our privacy policy, available here:
https://www.wearetiderisers.com/privacy-policy-tr.
11. Photo Release and Usage Consent
I hereby grant and authorize Tide Risers and its affiliates, agents, representatives, licensees, and successors, the right to use, publish, and distribute my photograph(s), likeness, company or employer’s logo, or image (collectively, "Image") in any and all forms of media now known or hereafter developed, including but not limited to print, digital, and online media, for advertising, marketing, promotional, or commercial purposes.
I understand that:
My Image may be used without further notification, consent, or compensation. Tide Risers may use my Image alone or in conjunction with other images, graphics, or text.
I waive any rights to inspect or approve the final product, including any written copy that may be created in connection with the use of my Image.
I release Tide Risers, its agents, and any third parties involved in the creation or publication of the materials from liability for any claims by me or any third party in connection with the use of my Image.
12. Other Important Terms
We may assign our obligations and rights under this Participation Agreement to a third party (this may happen, for example, if we sell our business). If this occurs, we will let you know you in writing. Your rights under this Participation Agreement will not be affected and our obligations will be transferred to the third party who will remain bound by them.
You may not assign your obligations and rights under this Participation Agreement without our express written permission (such permission not to be unreasonably withheld).
This Participation Agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of this Participation Agreement.
If any of the provisions of this Participation Agreement are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of this Participation Agreement. The remainder of this Participation Agreement shall be valid and enforceable.
13. Governing Law and Jurisdiction
This Participation Agreement, and the relationship between you and us shall be governed by, and construed in accordance with, the law of England & Wales. Any dispute, proceedings or claim between you and us relating to this Participation Agreement, or the relationship between you and us shall be subject to the jurisdiction of the courts of England & Wales.
SCHEDULE 1 – EQUINE WAIVER
Safety Aspects of Horse-Related Activities
Interacting with horses can be physically challenging and carries with it risks that we cannot entirely eliminate. These include the risk of personal injury, such as:
- Bites, kicks, abrasions or contusions from horses;
- Being thrown or bucked off by a horse;
- Scratches or other injury from stalls or enclosures;
- Scratches or other injury from grooming tools and other equine equipment and tack;
- Allergic reactions to animal’s hay or other allergens;
- Tripping in holes or on materials or equipment;
- Slipping, falling or otherwise being injured in the grounds, which may be slippery, muddy, wet, contain, or present other hazards.
Rules:
- You must act responsibly and sensibly at all times.
- You must not participate if you are pregnant or under the influence of alcohol or non prescription drugs.
- You must always wear hard-soled, fully enclosed shoes or boots and socks to protect feet, and long trousers to protect legs. You must wear sufficient hard hat head protection if instructed to by a member of staff.
- You must follow any safety warnings or instruc)ons displayed or given to you by a member of staff. Ask a member of staff if you are unclear.
- We are not qualified to express an opinion that you are fit to safely participate. You must obtain professional or specialist advice from your doctor before participating.
- You are responsible for using any interaction with horse equipment safely and as directed. You must behave sensibly and follow any safety instructions so as not to hurt or injure yourself or others.
In the absence of any negligence or other breach of duty by us, participation in interaction with horses and the use of our machinery, equipment or facility is entirely at your own risk.
The Nature and Physical Character of the Horse
Please note that you are advised that:
1. Horses involve risk and can be unpredictable by nature, with minds of their own, as are all animals both domestic and wild. The horse can be very responsive to your energy so be aware of how you are feeling.
2. When a horse is frightened, angry, under stress or feels threatened, it is the horse’s instinct to move forward or sideways, to run away from danger or gallop to safety. Please be aware of your position and where you are standing when around the horses. Do not stand between multiple horses. Stand out of the way of the horses’ flight path.
3. If a horse is frightened or feels threatened from behind, the horse may kick. Please be aware of your distance.
4. A human must always approach a horse calmly and quietly with caution, preferably to the horse’s shoulder or lower neck.
5. Loud and/or sudden unexpected movements, such as dropping an object near a horse, can provoke a domesticated horse to react according to natural, protective instincts as described above.
6. The first signs of anger or fear in a horse are the sudden tensing of the muscles of the body, possibly laying the ears flat back against the head, or quickly tossing or raising the head. The person taking responsibility for your time with the herd will manage any of these signs should they be evident.
7. A horse can see independently with each eye; actually looking in one direction with one eye and another direction with the other eye. The horse can also focus both eyes on one object somewhere in front of him/her. Typically, the direction in which the ear is pointing will tell an observer where the eye is looking on the same side and what the horse is listening to.
8. A horse has two blind areas around which he/she cannot see. Those areas are directly behind the horse and directly in front. When a horse has his/her head lowered to the ground, the spot directly at the end of the nostrils is a blind area. This is the reason it is best to approach a horse close to the shoulder, and never to surprise a horse from the rear, or to reach first for the horse’s mouth/muzzle area.
9. While a horse is very sure-footed by nature, horses may accidentally step on an object such as a human’s foot when they are balancing or turning around. When a horse is worked on unstable ground or slippery grass or footing, the horse could fall down and be injured.
Physical and Mental Well-Being
Practices such as mindfulness, experiential activities, and equine facilitated learning are also recognised as having therapeutic value but note that the exercises in this workshop have no therapeutic intention and you must remain responsible for your own personal emotional well-being at all times during and after these sessions.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THIS WAIVER BEFORE SIGNING. IF THERE IS ANY TERM THAT YOU DO NOT UNDERSTAND, THEN PLEASE DISCUSS IT WITH US BEFORE SIGNING.