Terms & Conditions

1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1 Definitions:

Booking: the act of a Participant reserving a place on a Retreat.

Commencement Date: has the meaning given in clause 2.2.

Company: Gioyous

Conditions: these terms and conditions as amended from time to time.

Deposit: has the meaning set out in clause 4.1.

Full Payment: the complete payment of the total Price for the Retreat.

Package: the total arrangement of Package and products provided by the Company in relation to a Retreat, as described on the Company's website or in other promotional materials.

Payment Due Date: has the meaning given to it in clause 4.2.

Website: www.gioyous.com

Price: the total monetary amount payable by the Participant for the Booking of the Retreat, inclusive of all applicable fees, taxes, and charges, as specified by the Company at the time of booking.

1.2 Interpretation:

(a) A reference to legislation or a legislative provision:

(i) is a reference to it as it is in force as at the date of these Conditions; and

(ii) shall include all subordinate legislation made as at the date of these Conditions under that legislation or legislative provision.

(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. Basis of contract

2.1 The Booking constitutes an offer by the Customer to purchase the Package in accordance with these Conditions.

2.2 The Booking shall only be deemed to be accepted when the Supplier issues written acceptance of the Booking at which point and on which date the Contract shall come into existence (Commencement Date).

2.3 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier's catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Package described in them. They shall not form part of the Contract or have any contractual force.

2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

3. Booking

3.1 A Booking is confirmed only upon receipt of payment for the Retreat, as per these Conditions, and after the Company has issued an email confirmation to the Participant.

3.2 The Participant agrees that the Company may use the personal information supplied at the time of Booking, solely for the purpose of processing the Booking, ensuring the safety and well-being of the Participant during the Retreat, and other purposes outlined in the Company's privacy policy.

3.3 Once a Booking has been confirmed, no amendments, alterations, or modifications to the Booking shall be permitted, including but not limited to changes to the room type, occupancy, dates, or any other details related to the Booking.

3.4 Should the Participant wish to make any changes to the Booking, they are required to cancel the existing Booking and submit a new Booking, subject to availability and these Conditions.

4. Payment

4.1 A non-refundable deposit amounting to 30% of the total Price is required at the time of booking to reserve the Participant’s place on the Retreat.

4.2 The Full Payment must be paid in full no less than 90 days prior to the commencement of the Retreat.

4.3 The Participant’s place on the Retreat shall be confirmed and guaranteed only upon receipt of the Full Payment. Until Full Payment is made, the Company shall have no obligation to confirm the Participant’s spot on the Retreat.

4.4 If Full Payment is not received by the specified Payment Due Date, the Company reserves the right to cancel the Booking. In such an event, the Deposit shall be forfeited, and the Participant’s reservation for the Retreat will be voided, with no further obligation on the part of the Company to hold or guarantee the Participant’s spot.

5. Additional Services

5.1 Additional services, including but not limited to massages or the sensory painting class, may be available for an additional charge. Such services must be booked at the time of Booking and are subject to availability.

5.2 Cancellations of additional services made 14 days or fewer prior to the commencement of the Retreat will not be eligible for a refund.

5.3 Cancellations of additional services made 14 days and 100 days prior to the commencement of the Retreat will be refunded, subject to a 30% cancellation fee, which will be deducted from the amount paid for the additional services.

6. Refund

6.1 Any notice of cancellation must be submitted in writing, via email or other communication method specified by the Company. Such notice will be deemed effective on the date it is received by the Company.

6.2 If a Participant cancels their booking more than 90 days prior to the Retreat start date, they shall be entitled to a full refund of any amounts paid, excluding the Deposit.

6.3 If a Participant cancels their booking between 61 and 90 days (inclusive) prior to the Retreat start date, they will be refunded 50% of any sums paid, excluding the Deposit.

6.4 Cancellations made less than 60 days before the Retreat start date are non-refundable.

7. Cancellation

7.1 The Company reserves the right to cancel any Retreat at any time, for any reason, including but not limited to low participant numbers or unforeseen circumstances.

7.2 In the event the Company cancels the Retreat more than 90 days before the Retreat start date, all Participants will receive a full refund of any amounts paid to the Company.

7.3 If the Company cancels the Retreat between 61 and 90 days (inclusive) prior to the Retreat start date, Participants will not receive a refund but will be issued with a credit for the amount paid to date, excluding the Deposit. Such credit may be used towards a future Retreat, subject to availability, and must be redeemed within two years from the date of cancellation.

7.4 In the event that the Company cancels the retreat within 60 days of the scheduled start date, Participants may, at the Company’s discretion, be entitled to either a refund or a credit. Should a refund be issued, it will be for the total amount paid by the Participant, excluding any Deposits or fees incurred by the Company.

7.5 The Company reserves the right to reject any Booking at any time prior to the Retreat start date, including in the event of breach of Conditions or for any other reason at the Company’s discretion. In the event that a Booking is rejected, a full refund will be issued to the Participant.

7.6 The Company shall not be liable for any consequential losses or damages arising from the cancellation of the Retreat, including but not limited to travel expenses, accommodation, or any other costs incurred by the Participant in connection with the cancelled Retreat.

8. Code of Conduct

8.1 Participants are expected to treat all guests, staff, and facilitators with respect, kindness, and courtesy throughout the retreat. The following behaviours are specifically prohibited:

(a) Disruptive behaviour, including but not limited to loud noise, inappropriate comments, or actions that disrupt the retreat environment.

(b) Disrespect for personal space and privacy of other participants, staff, or facilitators.

(c) Discrimination or harassment of any kind, including based on race, gender, age, religion, nationality, sexual orientation, or ability.

(d) Excessive phone use, texting, or any form of electronic distraction, including but not limited to checking social media, making phone calls, or engaging in other non-Retreat related activities, during scheduled Retreat activities. Participants are expected to be fully present and engaged in all activities, and phones should be kept on silent or turned off during sessions unless otherwise permitted by the Retreat facilitators for emergency purposes.

(e) The use of inappropriate or non-inclusive language.

8.2 The Retreat is a drug-free and smoke-free environment. The use of illegal drugs or tobacco is strictly prohibited within the Retreat premises, including any surrounding areas, except for designated smoking areas where smoking may be permitted in accordance with Company policy.

8.3 Alcohol may only be consumed in accordance with specific guidelines established by the Company and as part of the Retreat services provided. Participants are strictly prohibited from consuming alcohol outside of these guidelines or without explicit permission from the Company.

8.4 Any use of drugs, smoking, or alcohol outside of the designated areas or contrary to the Retreat's policies will be considered a breach of these Conditions. Participants found in violation of this clause may be asked to leave the Retreat immediately, without refund.

8.5 The Company reserves the right to remove any Participant from the Retreat for non-compliance with this clause, and no refund shall be provided in such cases.

9. Confidentiality

9.1 Participants acknowledge and agree that all content shared during the Retreat, including discussions in group sessions, personal stories, and experiences, is confidential. Participants shall not disclose or share any such information with third parties without the express written consent of the individual who shared it.

9.2 Participants are required to maintain the confidentiality of all materials, teachings, and practices provided during the Retreat. No part of the Retreat’s content or teachings may be shared publicly or otherwise without the prior written consent of the Company.

9.3 Any breach of confidentiality by a Participant, including the unauthorised disclosure of private or sensitive information shared by other Participants, may result in removal from the Retreat without a refund.

10. Health and Safety

10.1 Participants are required to provide the following health-related information at the time of Booking:

(a)Emergency contact name and phone number.

(b)Details of any known health conditions or medical conditions that may impact participation.

(d) Information on any injuries or physical conditions that may limit participation in certain activities.

(e) Consent to administer basic first aid if necessary.

(f) Consent for the Company to seek emergency medical care on behalf of the participant in the event of a medical emergency.

11. Liability and Indemnity

11.1 References to liability in this clause include every kind of liability arising under or in connection with these Conditions, including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

11.2 Nothing in this clause shall limit the Participant’s payment obligations under these Conditions.

11.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; and

11.4 To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, loss of profits, loss of opportunity, or any other form of financial or personal loss arising from or related to participation in the Retreat, including but not limited to injury, illness, or death, whether caused by the negligence of the Company or otherwise.

11.5 The Company does not assume responsibility for any personal injury, loss, damage, or theft of personal property occurring during the Retreat, unless such injury, loss, or damage is caused by the gross negligence or wilful misconduct of the Company or its representatives.

11.6 The Company shall not be liable for any failure or delay in performing its obligations under these Conditions if such failure or delay is caused by circumstances beyond the Company’s reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, civil unrest, strikes, or the unavailability of transportation or facilities.

11.7 The Participant agrees to indemnify, defend, and hold harmless the Company, its officers, employees, agents, and contractors from and against any claims, damages, losses, or expenses arising from the participant’s actions, omissions, or breach of these Conditions during the Retreat.

11.8 The Company shall not be liable for any acts, omissions, or failures of third-party service providers or independent contractors engaged in providing services or activities during the Retreat. This includes, without limitation, any alterations made by such third parties to the scope, nature, or quality of the services offered compared to the originally advertised services.

11.9 The Company accepts no responsibility for any delays, cancellations, or other issues arising in relation to transportation, including but not limited to flights, buses, ferries, transfers, or any other modes of transport required for arrival at the Retreat or for participation in associated activities.

11.10 The Company shall not be liable for any costs, losses, or damages resulting from delayed, missed, or cancelled travel arrangements, including, without limitation, disruptions to transport schedules or changes to itineraries, whether such disruptions occur before, during, or after the Retreat.

11.11 By participating in any activities associated with the Retreat, the Participant acknowledges that such participation is entirely voluntary and undertaken at their own risk. The Participant agrees to assume full responsibility for all risks arising out of their participation in the Retreat, including, but not limited to, risks of personal injury, loss, damage to property, or death, whether arising directly or indirectly from participation in the Retreat or any related activities.

11.12 To the fullest extent permitted by applicable law, the Participant hereby releases, waives, discharges, and agrees to hold harmless the Company, its officers, directors, employees, agents, contractors, and representatives from any and all claims, demands, actions, or causes of action, whether known or unknown, that the Participant may have, now or in the future, arising from or in connection with any injury, loss, damage, or death incurred during participation in the Retreat or related activities. This release includes, without limitation, claims arising from negligence, breach of contract, or any other legal theory.

11.13 The Participant represents and warrants that they are fully capable of independently managing their participation in all activities associated with the Retreat. The Participant acknowledges that the Company does not possess the necessary resources or expertise to accommodate individuals with mobility impairments or other significant physical limitations, and agrees that they are solely responsible for ensuring that their participation in the

Retreat does not exceed their physical or mental capabilities.

11.14 This clause shall survive termination of these Conditions.

12. Insurance

12.1 Participants are required to have their own valid travel and health insurance for the duration of the Retreat.

12.2 The Company may request proof of insurance prior to the commencement of the Retreat. Failure to provide satisfactory evidence of valid insurance may result in the cancellation of the Booking, and any deposits paid will be forfeited.

12.3 The Company shall not be liable for any medical expenses, travel-related costs, or other expenses arising from the Participant’s failure to obtain appropriate insurance coverage.

13. Marketing and Media

13.1 By participating in the Retreat, Participants acknowledge and agree that photographs, videos, and other media may be taken during the Retreat. The Company reserves the right to use these materials, including but not limited to photographs, video footage, and audio recordings, for marketing, promotional, and educational purposes in any media format, now known or hereafter developed, worldwide and in perpetuity.

13.2 Participants may be invited to provide testimonials or feedback regarding their experience during the Retreat. By submitting a testimonial, Participants grant the Company an irrevocable, royalty-free license to use their testimonial, name, image, or likeness in connection with marketing, promotional, and educational materials. This may include, but is not limited to, use on the Company’s website, social media platforms, printed promotional materials, and advertisements.

13.3 Participants agree that any testimonial provided may be edited for clarity, brevity, and suitability, without the need for further approval by the Participant.

13.4 Participants have the right to withdraw their consent to the use of their media or testimonials at any time by providing written notice to the Company. Upon receipt of such notice, the Company will cease using the media or testimonial in future marketing materials; however, materials already in circulation or previously distributed may not be recalled.

13.5 Participants acknowledge that no compensation will be provided for the use of their media or testimonials, and they waive any right to receive payment or any other compensation in connection with the use of such materials.

14. Privacy and Data Protection

14.1 By participating in the Retreat, participants acknowledge and consent to the collection, storage, and processing of their personal data by the Company as necessary to facilitate their Booking, participation, and attendance at the Retreat.

14.2 The Company is committed to protecting participants' privacy and handling their personal data in accordance with applicable data protection laws and regulations. All personal data collected by the Company will be processed in compliance with the Company's privacy policy, which is incorporated by reference into these Conditions.

14.3 The Company may share personal data with third parties in accordance with the privacy policy, including service providers involved in the operation of the Retreat, such as healthcare providers, emergency services, and other relevant parties. Participants’ personal data will not be shared with third parties for marketing purposes without explicit consent, unless otherwise permitted by applicable law.

15. Termination

15.1 The Participant may terminate their participation in the Retreat at any time by providing written notice to the Company. Termination shall be subject to the cancellation and refund policies set forth in these Conditions.

15.2 The Company reserves the right to terminate the Participant’s participation in the Retreat at any time and for any reason, including but not limited to, breach of these Condition or any conduct that, in the Company’s discretion, disrupts the safe and proper functioning of the Retreat.

15.3 In the event the Company terminates the Participant’s participation, no refund shall be issued, and the Participant shall bear all costs associated with their immediate departure from the Retreat, including travel expenses to return home or to any other destination.

15.4 Upon termination of participation by either the Participant or the Company, the Participant shall forfeit any further rights to engage in Retreat activities. The Participant shall remain liable for any expenses or costs incurred, including but not limited to travel, accommodation, and any other associated activities. The Company shall not be held liable for any losses, damages, or costs incurred by the Participant as a result of such termination.

15.5 The Company reserves the right to terminate the Retreat or individual participation in the event of circumstances beyond its reasonable control, including, but not limited to, natural disasters, health crises, governmental restrictions, or other force majeure events. In such cases, the Company will notify Participants and provide options for refunds or credits in accordance with these Conditions.

16. Assignment

Neither party may assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Conditions.

17. Entire Agreement

These Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

18. Variation

18.1 Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

19. Severance

If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

20. Third party rights

20.1. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

21. Governing Law and Jurisdiction

21.1 These Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

21.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.