Retreat Terms & Conditions

1. INTRODUCTION 

These Terms and Conditions (“Terms”) govern all bookings made with Beyond Fitness, including fitness, yoga, ski touring and other retreat activities organised or provided by Kim Richardson trading as Beyond Fitness (“Beyond Fitness”, “we”, “us” or “our”).

The contract is entered into between Beyond Fitness and the individual making the booking (“you”, “your”, or “participant”). Where a booking is made on behalf of other participants, the person making the booking (“Lead Booker”) is responsible for ensuring that each participant receives, reads and understands these Terms before participating in the retreat.

Each participant is required to acknowledge and agree to these Terms as a condition of participation. The Lead Booker shall not be deemed to have authority to waive any individual participant’s rights or provide personal acknowledgements on their behalf unless legally authorised to do so.

These Terms apply together with the relevant retreat description, booking confirmation and any additional activity-specific requirements communicated by Beyond Fitness.

2. BOOKINGS
1. To make a booking with us, you must be at least 18 years old or accompanied by an adult who will be responsible for your participation during the entire retreat.
2. Bookings can be made through our website or by contacting us directly.
3. A deposit of 20% of the total retreat price is required to secure a booking, unless a different deposit arrangement is expressly communicated by Beyond Fitness. The deposit must be paid at the time of booking. A booking shall not be regarded as confirmed until the required deposit has been received and written booking confirmation has been issued by Beyond Fitness. The deposit is non-refundable in accordance with the cancellation provisions set out in Section 4, subject always to applicable statutory rights and any circumstances in which a refund is legally required.
4. Beyond Fitness reserves the right to decline a booking where there are reasonable grounds to do so, including where the participant does not satisfy the stated participation requirements, the retreat is fully booked, or the participant’s circumstances raise legitimate safety or operational concerns. Where a booking is declined after payment has been received, any sums paid in respect of that booking shall be refunded in full, unless the participant has separately agreed to another arrangement.
5. A contract between Beyond Fitness and the participant shall be formed upon receipt of the required deposit and issuance of written booking confirmation, subject to any applicable statutory rights and the provisions of these Terms.
6. Where a booking is made on behalf of other participants, the Lead Booker must ensure that accurate and complete information is provided for each participant and that each participant receives and agrees to these Terms before participating in the retreat.
7. Participants must promptly notify us of any material changes to the information provided at the time of booking, particularly changes relating to their health, medical conditions, injuries or physical ability that may affect their safe participation in the retreat.
3. PRICING AND PAYMENT
1. All prices displayed on the Beyond Fitness website, promotional materials or social media channels shall be quoted in British Pounds Sterling (GBP), unless expressly stated otherwise. Prices shall include applicable taxes and charges unless otherwise specified.
2. Payments may be made through the payment methods approved by Beyond Fitness, including major credit cards, debit cards and bank transfers. Any additional transaction or processing charges payable by the participant must be disclosed before payment is made.
3. The retreat price covers only those services, facilities, accommodation, meals and activities expressly identified as included in the relevant retreat description or booking confirmation. Any additional costs incurred during the retreat, including optional activities, additional services, personal purchases or services obtained directly from third-party suppliers, shall be the participant’s responsibility.
4. The participant is responsible for ensuring that all payments are made in full and by the applicable due dates. We shall not be responsible for additional charges imposed by the participant’s bank, payment provider or financial institution.
5. Where a payment is not received by its due date, Beyond Fitness may notify the participant and require payment within a reasonable specified period. If payment remains outstanding after that period, Beyond Fitness may cancel the booking in accordance with the applicable cancellation provisions in these Terms, subject to any statutory rights of the participant.
4. CANCELLATIONS AND REFUNDS
1. If you wish to cancel your booking, you must notify Beyond Fitness in writing by email. Your cancellation shall take effect on the date the written notice is received by us. Cancellation charges shall be calculated by reference to the scheduled start date of the retreat.
2. Subject to applicable statutory rights, the following cancellation charges shall apply:

1. Cancellation 31 days or more before the retreat. The 20% booking deposit shall be retained by Beyond Fitness. Any additional payments received towards the retreat price shall be refunded.
2. Cancellation 30 days or less before the retreat: Beyond Fitness reserves the right to retain payments received, up to the full retreat price, to the extent reasonably justified by costs incurred, financial commitments made, losses suffered and the inability to recover or replace the cancelled booking.

Any refund due, and any amount retained by Beyond Fitness, shall be reasonably calculated after taking account of costs and financial commitments incurred, losses suffered, any costs avoided or saved as a result of the cancellation, and any amounts recovered or reasonably recoverable through the reallocation or resale of the cancelled booking or relevant services. We shall not retain or charge more than is reasonably justified by the resulting financial loss. Upon request, we shall provide the participant with a reasonable breakdown of the calculation.

3. Cancellations arising from illness, injury, medical conditions, family emergencies, travel disruption or other personal circumstances shall be subject to the cancellation provisions in clause 4.2. Participants are strongly advised to obtain appropriate travel insurance covering cancellation and curtailment for such circumstances.
4. Beyond Fitness reserves the right to cancel a retreat where reasonably necessary, including where there are insufficient bookings, accommodation or essential facilities become unavailable, safety concerns arise, or circumstances beyond its reasonable control prevent the retreat from proceeding.

Where we cancel a retreat, participants shall be notified as soon as reasonably practicable and shall be entitled to a refund of payments made for services not provided, or such other remedy as may be required under applicable law.

5. Beyond Fitness reserves the right to make reasonable changes to the retreat itinerary, activities, schedule, accommodation or other arrangements where necessary for safety, operational or practical reasons, including adverse weather conditions and mountain conditions.

Where reasonably practicable, Beyond Fitness will provide suitable alternative arrangements. Where a change materially affects the retreat package, participants shall be informed of the change and their applicable statutory rights shall be respected.

6. Where weather, snow conditions, mountain access, avalanche risk or other environmental conditions make it unsafe or impractical to conduct planned activities, we may modify, postpone, relocate or cancel the affected activities.

Where only particular activities are affected, the remainder of the retreat may continue with an alternative programme. The consequences of such changes shall be governed by Section 14 and the applicable statutory rights of participants.

7. If a participant fails to attend the retreat, arrives after the scheduled commencement, or leaves before the retreat has concluded, without prior agreement from Beyond Fitness, no automatic entitlement to a refund shall arise. Any refund shall be considered in accordance with the applicable cancellation provisions and statutory rights.
8. Where a refund is due, Beyond Fitness shall process it within the period required by applicable law and, where no specific statutory period applies, within a reasonable period. Refunds shall ordinarily be made using the original payment method unless otherwise agreed.
9. Nothing in this section shall exclude, restrict or prejudice any rights or remedies available to participants under applicable consumer protection legislation, including rights relating to cancellation, termination, refunds and the proper performance of services.

5. AMENDMENTS AND CHANGES
1. Any request by a participant to amend a confirmed booking, including changes to dates, participant details, accommodation arrangements or other booking particulars, must be submitted to Beyond Fitness in writing. All requested changes shall be subject to availability and the written approval of Beyond Fitness. Additional administrative or supplier charges may apply, provided these are communicated to the participant before the change is confirmed.
2. Beyond Fitness reserves the right to make reasonable changes to the retreat itinerary, activities, schedule, accommodation or other arrangements where necessary due to operational requirements, supplier availability, weather conditions, mountain conditions, safety considerations or other circumstances affecting the proper delivery of the retreat.
3. Where a change is necessary, Beyond Fitness will make reasonable efforts to provide suitable alternative arrangements, taking account of the nature of the original booking and the circumstances requiring the change. Any alternative arrangements may differ from the original programme and may not necessarily be identical or equivalent in every respect.
4. Where Beyond Fitness makes a significant change to an essential element of the retreat package, participants shall be notified as soon as reasonably practicable. Any rights to reject the proposed changes, terminate the contract or obtain a refund or other remedy shall be determined in accordance with applicable consumer protection and package travel legislation.
5. Beyond Fitness and its appointed activity leaders reserve the right to modify, shorten, relocate, postpone or replace any activity where reasonably necessary to protect the safety and welfare of participants, instructors, guides or other persons. Participants acknowledge that mountain and outdoor activities are dependent on changing environmental and operational conditions and that the original itinerary cannot always be guaranteed.
6. Where an activity is modified or replaced for legitimate safety or operational reasons, the alternative activity may differ in duration, location, nature or intensity from the activity originally advertised. Nothing in this clause shall exclude any refund or other remedy to which a participant is legally entitled.
7. For the avoidance of doubt, this section governs changes to the retreat arrangements where the booking continues. Where we cancel the retreat, or a participant exercises a legal right to terminate the booking as a result of a change, the cancellation and refund provisions in Section 4 shall apply, subject always to applicable statutory rights.
6. TRAVEL AND ACTIVITY INSURANCE
1. Participants are strongly advised to obtain comprehensive travel insurance before travelling to the retreat. The insurance should cover, as appropriate to the retreat and activities involved, medical expenses, emergency medical treatment, medical evacuation, repatriation, trip cancellation, curtailment, travel delays, personal belongings and personal liability.
2. Where a retreat includes activities carrying particular risks, including ski touring, mountaineering or other mountain-based activities, participants must ensure that their insurance policy expressly covers those activities and any associated risks, including mountain rescue and emergency evacuation where applicable.
3. Participants are responsible for checking the scope, exclusions, limits and validity of their insurance cover and for ensuring that it is appropriate for their personal circumstances and the activities they intend to undertake.
4. Beyond Fitness may request reasonable evidence that a participant has obtained appropriate insurance before the commencement of the retreat or relevant activity. Where a participant cannot provide such evidence, we may restrict that participant’s involvement in an activity where reasonably necessary for safety or operational reasons.
5. Participants should notify their insurer of any relevant medical conditions, pre-existing conditions or other circumstances that may affect the validity or scope of their cover.
6. Nothing in this Section limits or excludes any liability or obligation which cannot lawfully be limited or excluded under applicable law.
7. HEALTH, FITNESS AND MEDICAL CONDITIONS
1. Participants are responsible for ensuring that they are medically and physically fit to participate in the retreat and its activities. Participants should seek advice from a qualified medical practitioner where they are uncertain whether their health or physical condition makes participation appropriate.
2. Before the retreat, participants must disclose to Beyond Fitness any medical condition, injury, disability, medication requirement or other relevant health circumstance that may affect their ability to participate safely or may require special assistance or arrangements.
3. Participants must promptly notify Beyond Fitness of any material change in their health, physical condition or ability to participate occurring before or during the retreat.
4. Beyond Fitness may, acting reasonably and having regard to the safety and welfare of the participant and others, refuse, restrict, modify or discontinue a participant’s involvement in an activity where it considers that the participant may be medically or physically unfit or that participation may create an unacceptable risk.
5. Participants must follow reasonable safety instructions and disclose relevant information honestly and accurately. Beyond Fitness shall not be responsible for consequences arising from a participant’s failure to disclose material health information or from inaccurate or misleading information supplied by the participant, except to the extent that such responsibility cannot lawfully be excluded.
6. Where reasonably necessary, we may request further information or appropriate medical confirmation before permitting participation in a particular activity.
7. Any personal or medical information collected under this Section shall be handled in accordance with applicable data protection law and used only for legitimate purposes connected with the organisation, safety and delivery of the retreat, subject to any applicable legal requirements.
8. LIABILITY AND RESPONSIBILITY
1. Beyond Fitness shall exercise reasonable care and skill in organising and delivering the retreat and the services it has agreed to provide.
2. Participants acknowledge that certain retreat activities, including outdoor exercise, hiking, ski touring and other mountain-based activities, involve inherent risks. These may include falls, injuries, adverse weather, difficult terrain, altitude-related conditions and other hazards associated with the natural environment.
3. Participants are responsible for taking reasonable care of their own health and safety, following safety instructions given by Beyond Fitness and its appointed activity leaders, using equipment appropriately and informing the relevant leader of any concern that may affect their safe participation.
4. Beyond Fitness shall not be responsible for loss, damage, injury, delay or expense to the extent that it arises from:

1. the participant’s own negligence or failure to follow reasonable safety instructions;
2. the participant’s failure to disclose material information relevant to their safe participation;
3. the participant’s deliberate or reckless conduct; or
4. circumstances beyond our reasonable control, subject to any rights or remedies available to the participant under applicable law.

5. Beyond Fitness shall not be responsible for the acts or omissions of independent third-party suppliers to the extent that those acts or omissions are outside its reasonable control and Beyond Fitness has not otherwise assumed responsibility for the relevant services under the contract or applicable law.
6. Participants are responsible for their personal belongings and valuables throughout the retreat. Beyond Fitness shall not be responsible for loss of or damage to such belongings except where caused by its negligence, breach of contract or other liability which cannot lawfully be excluded.
7. Nothing in these Terms excludes or restricts any of our liability, or of any person for whose acts or omissions we are legally responsible, for:

1. death or personal injury resulting from negligence;
2. fraud or fraudulent misrepresentation;
3. any breach of statutory rights or obligations which cannot lawfully be excluded or restricted; or
4. any other liability which cannot lawfully be excluded or restricted under applicable law.

8. Nothing in this Section affects any statutory rights or remedies available to participants under applicable consumer protection or package travel legislation.

9. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of England, Scotland and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the jurisdiction of the courts of England, Scotland and Wales.

10. PAYMENT INSTALMENTS 
1. Participants wishing to pay for their retreat in instalments may request a payment plan from Beyond Fitness.
2. Any instalment payment plan must be agreed in writing by Beyond Fitness and the participant before the booking is confirmed. Approval of an instalment arrangement shall be at our discretion. 
3. An initial deposit of 20% of the total retreat price shall be payable to secure the booking, unless otherwise agreed in writing.
4. The remaining balance shall be divided into instalments in the amounts and at the intervals agreed in the written payment plan.
5. Each instalment must be paid by the due date specified in the agreed payment plan.
6. If a participant fails to make an instalment payment by its due date, we may issue a written payment reminder requiring the outstanding amount to be paid within a reasonable specified period. If the payment remains outstanding after that period, Beyond Fitness may cancel the booking in accordance with these Terms.
7. Where a booking is cancelled due to non-payment, any cancellation charges or sums retained by Beyond Fitness shall be determined in accordance with Section 4 (Cancellations and Refunds), subject to applicable statutory rights.
8. Regardless of the instalment arrangement agreed, the entire outstanding balance must be paid no later than 30 days before the scheduled start date of the retreat, unless we expressly agree otherwise in writing.
9. We reserve the right to decline requests for instalment payment arrangements for particular retreat packages or in specific circumstances.
11. PHOTOGRAPHY, VIDEO AND PROMOTIONAL USE 
1. Beyond Fitness or its appointed photographers may take photographs or video recordings during the retreat for the purposes of documenting activities and creating promotional or marketing materials. 
2. A participant’s identifiable image, voice or likeness shall only be used for promotional, advertising or commercial purposes where the participant has given separate, informed and voluntary consent to that use.
3. Participants who do not wish to appear in promotional photographs or recordings may decline to give consent. Such refusal shall not affect their booking or participation in the retreat.
4. Where consent is given, we may use the relevant photographs or recordings on its website, social media platforms, promotional materials and other marketing channels, subject to the scope of the consent provided.
5. Participants may withdraw their consent to future promotional use at any time by notifying Beyond Fitness in writing. Withdrawal shall not affect the lawfulness of any use made before the withdrawal. Beyond Fitness shall take reasonable steps to stop further use of the relevant material following withdrawal, subject to applicable legal obligations and the practical limitations of material already published or distributed.
6. Nothing in this Section transfers ownership of copyright in photographs or recordings to a participant or Beyond Fitness where such ownership is determined by applicable copyright law or a separate agreement with the relevant photographer or rights holder.
7. Any personal data contained in photographs or recordings shall be processed in accordance with applicable data protection law and our privacy notice.
12. TRAVEL ARRANGEMENTS AND PARTICIPANT RESPONSIBILITIES 
1. Unless expressly stated in the relevant retreat description or booking confirmation, participants are responsible for arranging and paying for their own transportation to and from the retreat venue, including flights, airport transfers, visas, travel documents and any other travel-related arrangements. 
2. Participants are responsible for ensuring that they hold valid passports, visas, permits and other documents required for their journey and participation in the retreat. We do not guarantee that any participant will be granted entry into a particular country or territory.
3. Participants should make appropriate travel arrangements to arrive at the designated venue or meeting point at the time communicated by Beyond Fitness. Participants should promptly notify Beyond Fitness of any travel delays or circumstances likely to affect their arrival or participation.
4. Participants are responsible for any additional costs arising from missed flights, delayed or cancelled transportation, missed connections, late arrival or failure to obtain the necessary travel documents, except to the extent that such costs arise from a breach of contract or other liability for which we are legally responsible.
5. Where Beyond Fitness expressly agrees to arrange or provide transportation or other travel services, the scope of those arrangements and any applicable charges shall be communicated to the participant before the booking is confirmed. Any statutory obligations relating to those services shall remain unaffected.
6. Participants must comply with reasonable instructions concerning arrival times, meeting points, transportation arrangements and movement between retreat venues and activity locations.

13. RISK ACKNOWLEDGEMENT, MEDICAL EMERGENCIES AND INFECTIOUS ILLNESS
1. Participants acknowledge that the retreat and its associated activities may involve inherent risks, including physical exertion, falls, injuries, adverse weather conditions, difficult terrain, exposure to natural elements and other risks associated with outdoor and adventure activities.
2. Participants voluntarily assume the ordinary and inherent risks associated with their participation, provided that nothing in this provision excludes or restricts any liability which Beyond Fitness cannot lawfully exclude or restrict.
3. Participants must follow all reasonable safety instructions given by Beyond Fitness, its appointed activity leaders or other persons responsible for supervising retreat activities. We may suspend or restrict participation where reasonably necessary to protect the health or safety of a participant or others.
4. In the event of illness, injury or a medical emergency during the retreat, Beyond Fitness or its appointed representatives may take reasonable steps to obtain medical assistance or arrange emergency transportation where considered necessary. Where reasonably practicable, the participant or their nominated emergency contact will be informed.
5. Participants authorise us or our appointed representatives to communicate relevant information to emergency services or medical professionals where reasonably necessary to obtain emergency assistance. Participants remain responsible for their medical expenses, treatment costs, evacuation costs and related expenses, subject to any liability or obligation imposed on us by applicable law.
6. Participants must promptly inform Beyond Fitness if they develop symptoms of an infectious illness or become aware that they may have been exposed to an infectious disease that could present a risk to other participants.
7. Beyond Fitness may take reasonable precautionary measures where it considers that a participant’s illness or suspected infectious condition may pose a risk to the health or safety of others. Such measures may include requiring the participant to refrain from particular activities, isolate where appropriate, seek medical advice or leave the retreat where reasonably necessary.
8. Participants must comply with reasonable public health, hygiene and safety measures communicated by us during the retreat.
9. Nothing in this Section creates an obligation on Beyond Fitness to provide medical treatment or guarantee the availability of emergency medical services. Any action taken in response to an emergency shall not relieve us of any duty or liability imposed by applicable law.

14. SKI TOURING RETREAT – ADDITIONAL TERMS AND CONDITIONS
1. Participants acknowledge that ski touring and other mountain activities are dependent on weather, snow conditions, terrain, visibility, avalanche risk and other environmental factors that may change rapidly and are beyond the control of Beyond Fitness.
2. Beyond Fitness and its appointed mountain guides or activity leaders reserve the right to modify, postpone, shorten, relocate or cancel any ski touring activity where they reasonably consider that weather conditions, snow conditions, avalanche risk, mountain accessibility or any other safety consideration makes the planned activity unsuitable or unsafe.
3. Where a planned ski touring activity cannot reasonably take place, Beyond Fitness may arrange an alternative activity or modify the programme, having regard to the prevailing conditions, available facilities and safety considerations. Participants acknowledge that alternative arrangements may differ from the original programme.
4. Participants must comply with reasonable instructions and safety decisions made by appointed mountain guides and activity leaders. Such decisions may include selecting or changing routes, limiting participation, requiring a participant to withdraw from an activity or terminating an activity where reasonably necessary for safety.
5. Participants are responsible for ensuring that they have the fitness, experience, skills, clothing and equipment reasonably required for the ski touring activities described in the retreat information. Participants must also ensure that any personal equipment they bring is suitable and in safe working condition.

Beyond Fitness or its appointed mountain guides may refuse or restrict a participant’s involvement in an activity where the participant’s fitness, experience, equipment or conduct is reasonably considered inadequate for safe participation.

6. Participants must obtain insurance that expressly covers ski touring and the activities they intend to undertake, including appropriate medical expenses, mountain rescue, emergency evacuation and repatriation cover. Participants are responsible for checking that their policies cover the relevant activities and associated risks.
7. Where insufficient snow or mountain conditions make the planned ski touring activities unavailable, or where the mountain is inaccessible for two or more days, we may cancel the ski touring retreat in accordance with this Section.

Where the retreat is cancelled on this basis, participants shall be offered the following options:

1. a full refund of payments made for the retreat; or
2. the option to retain the accommodation on a self-catered basis, in which case Beyond Fitness shall refund the amounts paid for the other retreat elements that will not be provided.

The participant must communicate their preferred option within the reasonable period specified by Beyond Fitness.

8. Where weather, snow or mountain conditions affect only particular activities but do not make the retreat as a whole unavailable, we may modify the programme in accordance with Clauses 14.2 and 14.3. Any applicable refund or other remedy shall be determined in accordance with the general cancellation provisions and applicable law.
9. Beyond Fitness does not guarantee particular snow conditions, weather conditions, mountain accessibility, routes or the availability of specific ski touring activities. Participants acknowledge that these factors are subject to natural and environmental conditions and may change before or during the retreat.
10. Nothing in this Section excludes or restricts any statutory rights or remedies available to participants, including any rights arising under applicable consumer protection or package travel legislation.

By making a booking, you agree to be bound by these Terms. Please ensure that you understand and agree to these Terms before making a booking with Beyond Fitness.