Evolve Retreat – Terms and Conditions

1. TERMS OF ENGAGEMENT

1.1 You are engaging Emma Wilson as a Trainer/Mentor to provide Training Sessions on the terms of this agreement.

Emma Wilson is Creative Director of Evolve Videography Retreats & Story of Your Day. Emma also has an operating address of Chalet Belmont, 1349a Wengiboden, Wengen 3823, Switzerland.

You can contact Evolve Retreats by emailing emma@evolvevideographytraining.com

1.2 This contract between us will commence on the date you sign this agreement and will continue unless and until terminated by either of us in writing by email to emma@storyofyourday.com

2. FEES

2.1 A non-refundable booking fee of $500.00 is required on booking. The outstanding balance must be paid in full by the date agreed between you and Emma Wilson on booking.

2.2 In consideration of me providing the Services to you, you will pay the Fee specified on the booking form. If you contact me in addition to the fee or the agreed Support Session then I will provide a short email response to you free of charge. If however I consider that more time is needed to deal appropriately with your communication then I may either:
(a) advise you to arrange an additional Session as per the booking form; or
(b) inform you of the time I would need to spend in responding to you and the fee which would be payable by you for such a response. I will obtain your approval to such fee before incurring any fees.

2.3 You shall pay each of the invoices in full and in cleared funds within 5 days of the date of the invoice.

3. SESSION/S AND CANCELLATION

3.1 CANCELLATION AND REFUND POLICY: Upon execution of this Agreement, you shall be responsible for the following conditions;

a) If you cancel attendance for any reason whatsoever, the agreed non-refundable ‘deposit’ of  $500.00 will not be returned. However it can be used towards another retreat on a later date, but by December 2022.

b) If you wish to cancel the Services then three weeks notice must be given to Emma Wilson of Story Of Your Day Ltd in writing by email to emma@evolvevideographytraining.com. If cancelled more than three weeks prior to the cbooked retreat, then a refund will be given, excluding the agreed non-refundable ‘deposit’.

c) The cost of the Swiss Transfer Ticket (1st class return rail ticket from airport to Grindelwald, of $120.00, will only be refunded if this ticket is returned to Emma Wilson at least ten days prior to retreat . Your details on the ticket must not have been completed otherwise a refund is not possible.

d) As travel to and from Switzerland is your responsibility, the terms and conditions of a refund for those journeys will be based on the T&Cs you have with the flight operator that you have chosen.

e) If, for any reason, Emma Wilson is unable to run the workshop on the agreed date then you will be notified immediately and given the choice of a full-refund or to transfer to another date.

3.3 PRE-TRAINING: I will ask you to complete a welcome questionnaire in advance of the Training Session and you will provide true and accurate answers to the questions. Providing this information is essential to the success of the training and you are required to return it 2 weeks before the start of the Training Sessions. This is to ensure I can prepare for your session and support you in the best way possible.

4. TRAVEL AND ACCOMMODATION

4.1 It is the responsibility of the attendee to make travel arrangements to and from Switzerland.

4.2 First class rail transfers from your chosen Swiss airport to Grindelwald and back will be provided as part of the booking. A Swiss Transfer Ticket will be sent to you once full payment is made and it is the responsibility of the attendee to fill this out before travelling on the trains in Switzerland.

4.3 Transfer details and optional rail timings within Switzerland will be provided but it is the responsibility of you to follow these and make your own way to Grindelwald train station, where you will be met at the station.

4.4 Accommodation and meals will be provided at Romantik Hotel Schweizerhof Grindelwald on the dates agreed on the booking form. There will be one evening ‘off’ where you will arrange your own meal.

4.5 Accommodation comprises of sharing a twin-suite with another Evolve candidate, if on all-female workshop and with your ‘partner’ if attending the couples/teams workshop.

4.6 If you wish to bring a guest with you, they must arrange their own accommodation and meals. This is not advisable due to the intimate nature of the workshop.

5. DUTIES OF VIDEOGRAPHER TRAINER

5.1 I shall provide the Services with due care, skill and ability.

5.2 Other than as set out in clause 5.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of Training I do not guarantee any particular results.

6. CONFIDENTIAL INFORMATION

6.1 I acknowledge that in the course of providing the Services I may have access to Confidential Information (as defined in clause 15).

6.2 I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law;
(b) any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.

6.3 As is good practice in training and mentoring, I undertake my own coaching. You agree that I may disclose any issues which arise out of the Retreat with my own coach, supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.

6.4 You may disclose to third parties such information about the Retreat as you wish.

7. DATA PROTECTION & INTELLECTUAL PROPERTY

7.1 You acknowledge and agree that your personal data will be processed by and on behalf of me as part of me providing you with the Services. In order to comply with application data protection laws (including the General Data Protection Regulation) we agree that we shall not use any film footage or photography from the day in our promotional, marketing, advertising or publication activities without your express written consent. If you do consent to us using such footage, we will obtain such consent from you by you signing a Consent Form.

Please read our Privacy Policy for Evolve Videography Training at https://evolvevideographytraining.com/privacy-policy/.

7.2 I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.

7.3 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the Retreat

7.4 I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the Retreat for private person use, and for the purpose for which the Retreat were provided only.

7.5 You may not without my prior written consent make any audio or visual recordings of all or any part of the Training. The client consents to recordings being made of courses and the Program by the Company, and these will be provided to the Client for their own personal use on request.

7.6 NON DISPARAGEMENT: In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be under English Law. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

8. STATUS
The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.

9. LIABILITY

9.1 Nothing in clause 9 shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

9.2 I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.

9.3 My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.

9.4 If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

9.5 The provisions of clause 9 shall survive termination of this agreement.

10. FORCE MAJEURE

I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.

11. ENTIRE AGREEMENT & PREVIOUS CONTRACTS

You acknowledge and agree that:
(a) this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent);
(b) in entering into this agreement you have not relied on any Pre-Contractual Statement (as defined in clause 15).

12. VARIATION
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.

13. COUNTERPARTS
This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.

14. THIRD PARTY RIGHTS
14.1 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

14.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.

15. GOVERNING LAW & JURISDICTION

15.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English Law.

16. INTERPRETATION

16.1 The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).
Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.
Pre-Contractual Statement: any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement.

16.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

16.3 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

16.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.