The Yoga Picnic

Terms & Conditions

  1. TERMS AND CONDITIONS

    1. Preamble

    1.1 The Yoga Picnic is a yoga and wellness festival (“the Event”) organised by The Calm Collective Ltd trading as The Yoga Picnic (“TYP”).

    1.2 The following are the rules (including “Terms of Use”, “Terms and Conditions”, “Purchase Policy” and “Privacy Policy”) that govern use of The Yoga Picnic website (www.theyogapicnic.com) (the “Website”) and any Event organised by TYP. By using or visiting the Website, or by purchasing tickets on the website, you expressly agree to be bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing the Website and any Event. TYP reserves the right to change these Terms and Conditions at any time, effective immediately upon posting on the Website. Please check this page of the Website periodically. If you violate the terms set out herein, TYP may terminate your use of the Website, bar you from future use of the Website, cancel your ticket order, refuse admission to the Event or eject you from the Event and/or take appropriate legal action against you.

    1.3 Any reference to ‘The Yoga Picnic’ or ‘TYP’ should be constituted as a reference to The Calm Collective Ltd and the rights, obligations and contracts of ‘The Yoga Picnic’ or ‘TYP’ are transferable to The Calm Collective Ltd and are valid. 

    1. Agreement to Terms and Conditions

    2.1 Acceptance of Terms and Conditions

    2.1.1. The Website is owned and operated by TYP. References to “we”, “us”, or “our” are references to TYP. References to ‘you’ refers to the Website user. Each and any person accessing the site will be considered for the purposes set out herein as a website user (“Website User”). Our office and address for correspondence is: The Yoga Picnic, Kilbeggan, Co Westmeath.

    2.1.2. Your use of this Website and purchase of any tickets from this Website is at all times subject to our Terms of Use, our Purchase Policy and our Privacy Policy. By accessing our Website you agree to Terms of Use, our Purchase Policy and our Privacy Policy. If you do not agree to these, you must exit our Website immediately. If you do not agree to our Purchase Policy, you are not permitted to purchase any tickets.

    2.2 Changes to Terms and Conditions

    2.2.1 We reserve the right, from time to time, with or without notice to you, to change our Terms of Use and our Purchase Policy at our sole discretion. The Terms of Use applicable to your access to and use of this Website will be the version that is current and displayed on the Website as at each date you access the Website. Your use of the Website after changes are made means that you agree to be bound by such changes.

    2.3 Other applicable terms

    2.3.1 In addition to our Terms of Use, our Privacy Policy and Purchase Policy also apply to your use of the Website and are, where relevant, incorporated by reference into these Terms and Conditions.

    TERMS OF USE

    3.1 Website Use 

    3.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this Website. You also agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to this Website.

    3.1.2 All content and programming of the Website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the Website without our written permission. Use of the Website is restricted to personal, non-commercial use only.

    3.1.3 You agree not to impersonate any other person while using this Website, conduct yourself in an offensive manner while using our Website, or use the Website for any illegal, immoral or harmful purpose.

    3.1.4 You may not use the Website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.

    3.1.5 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website.

    3.1.6 We may, from time to time, restrict access to certain features, parts or content of the Website, or the entire Website to users.

    3.1.7 The information contained in this Website is for general information purposes only. We endeavour to keep the information contained on the Website up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the Website, please contact us at theyogapicnic@gmail.com.

    3.2 Violation of the Terms of Use

    3.2.1 You understand and agree that in TYP’s sole discretion, and without prior notice, TYP may terminate your access to the Website, cancel your ticket order or exercise any other remedy available and remove any unauthorised content provided by you (“User Content”), if TYP believes that the User Content you provided has violated or is inconsistent with these Terms of Use violated the rights of TYP another User or the law. You agree that monetary damages may not provide a sufficient remedy to TYP for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. TYP may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. TYP is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.

    1. Intellectual Property Rights 

    4.1 Website

    4.1.1 All intellectual property rights in or relating to the Website (including our text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the Website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the Website.

    4.2 External Links

    4.2.1 From time to time this Website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse such websites. We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.

    4.2.2 If a link is created to the Website and we want it to be removed, we reserve the right to ask you to do so.

    1. Availability of Website 

    5.1 Although we aim to offer you the best service possible, we make no promise that our Website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

    5.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable please notify us of changes to your order via email at theyogapicnic@gmail.com.

    1. No Commercial Use

    6.1 No area of this Website may be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind. Our prior written consent is required to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind. We will investigate and take appropriate legal action against any person or company who violates this provision, including without limitation, removing the offending communication from the Website and barring such violators from use of the Website. We reserve the right to block access to or cancel a ticket order on any user known or reasonably believed to be associated with any ticket broker or tout, or utilising automated means to process or place ticket orders, or re-selling tickets for commercial gain in any manner whatsoever, or whose ticket order exceeds the stated limit.

    1. Restriction on Use 

    7.1 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice. 

    1. Privacy

    8.1 We collect personal information about each User through your use of this Website and our services. All information that we collect about you is subject to our Privacy Policy.

    1. Limitations on Liability

    9.1 Nothing in this clause 9 or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for:

    9.1.1 fraud or fraudulent misrepresentation;

    9.1.2 death or personal injury caused by our negligence;

    9.1.3 breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

    9.1.4 under Part I of the Consumer Protection Act 1987; or

    9.1.5 any other liability to the extent the same may not be excluded or limited as a matter of law.

    9.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice.

    9.3 Except in jurisdictions where such provisions are restricted, in no event will TYP be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if TYP has been advised of the possibility of such damages.

    1. Applicable Law 

    10.1 This Website is controlled and operated by TYP from its offices in Ireland. Your use of this Website is governed by these Terms and Conditions and construed and enforced in accordance with Irish Law. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Website, litigation must be brought in court in Ireland without regard to its conflict of law provisions.

    1. Assignment by Us

    11.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.

    1. Indemnity

    12.1 You agree to indemnify and hold TYP, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website, including also your use of the Website to provide a link to another Website or to upload content or other information to the Website.

    1. No Waiver 

    13.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

    1. Force Majeure 

    14.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this Website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control. 

    1. Third Party Rights 

    15.1 Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

    1. Contacting us 

    16.1 If you have questions about these Terms and Conditions or about an order you have placed, please submit these by email to theyogapicnic@gmail.com.

     

    PURCHASE POLICY

    1. General

    17.1 Tickets for any TYP event are only sold through TYP on our Website www.theyogapicnic.com (the “Website”).

    17.2 This Purchase Policy incorporates our Terms of Use by this reference.

    17.2 Entry to the grounds of this Event constitutes acceptance of the Rules of Entry, as set out below.

    1. Contract

    18.1 To purchase tickets from us, you must be 16 or over and have a valid credit/debit card.

    18.2 Any purchase of a ticket from us is subject to: (i) this Purchase Policy; (ii) our Privacy Policy; (iii) any special terms and conditions of the event which may be displayed on our Website; and (iv) the Terms and Conditions of this Website, which can all be found on our Website. 

    18.3 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions. All purchases are subject to payment card verification and other security checks and your transaction may be cancelled if it has not passed our verification process.

    18.4 You agree not to obtain or attempt to obtain any tickets through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity. We reserve the right to cancel any transaction which we reasonably suspect to have been made in breach of these provisions without any notice to you and any and all tickets purchased as part of such transaction will be void.

    18.5 We reserve the right to cancel bookings which we reasonably suspect to have been made fraudulently.

    18.6 You may submit orders online within the allocated time frame as specified on our Website. The Website allows you to review your order before submitting it to us and by submitting the order you confirm that you have made any necessary corrections.

    18.7 No order is accepted from you until our Website displays an order confirmation message.

    18.8 Tickets may be purchased for personal use only and cannot be used for commercial purposes without the permission of TYP.

    18.9 Your booking is for entry to the event and by making a purchase of tickets you are accepting the Rules of Entry to these lands for the Event as outlined below.

    18.10 By purchasing tickets to the Event, you are agreeing to be added to our mailing list. If you would like to remove your email from our mailing list, please contact us or unsubscribe. Please see our privacy policy in this regard.

    1. Tickets

    19.1 Any ticket you purchase from us remains the property of TYP and is a personal revocable licence which may be withdrawn and admission refused at any time. If this occurs, you may be refunded the sale price of the ticket which has been withdrawn or for which access was refused. Where you have been refused admission for a breach of these Terms and Conditions, and in particular the Rules of Entry specified therein, you will not be entitled to a refund. 

    19.2 It is your responsibility to check your tickets; mistakes cannot always be rectified.

    19.3 You may not resell or transfer your tickets, it is prohibited by TYP. Anyone found to be reselling or transferring tickets may have the tickets cancelled or may be subject to future purchasing restrictions subject to the discretion of the NPA.

     19.4 A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by TYP, provided that even if such consent is obtained, use of our trademarks and other intellectual property is subject to our prior consent.

    19.5 Most of the classes, talks and workshops at TYP are included in the ticket price and you do not need to book in for these. A very small number of the workshops may need to be booked in advance, without requiring an additional payment. We cannot guarantee access to the classes, talks and workshops which are included in the ticket price as they have limited capacity and spaces are filled on a first come first served basis. A number of other events will require an additional payment – this is dealt with below under ‘Prices and fees’. 

    19.6 Any ‘add-on’ to the Adult Day Pass can only be used by those who hold a Day Pass ticket. This includes outdoor spa area, stand-up paddle boarding yoga and any other add on. To partake in such activities, you must hold a valid Adult Day Pass.

    19.7  If outdoor spa area tickets are purchased, bookings must be made through the provider’s website. By making a booking for a time slot in the outdoor spa area, you agree to be bound by the terms and conditions and waiver of the provider, which will be displayed at the time of booking.

    19.8  If stand-up paddle boarding yoga tickets are purchased, bookings must be made through the provider’s website. By making a booking for a time slot, you agree to be bound by the terms and conditions and waiver of the provider, which will be displayed at the time of booking.

    1. Prices and fees

    20.1 The price of tickets is as quoted on the Website. Prices stated include VAT, if applicable.

    20.2 You agree not to hold us responsible for banking charges incurred due to payments for tickets.

    20.3 Tickets are subject to change and we reserve the right to change the prices at any time.

    20.4 Whilst we try to ensure that all prices on our Website are accurate, errors may occur. If we discover an error in the price of any ticket you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price (and credit or debit your account as applicable) or cancelling your order. If we are unable to contact you, you agree that we may treat the order as cancelled.

    20.5 Most of the classes, talks and workshops at TYP are included in the ticket price and you do not need to book in for these. A very small number of the workshops may need to be booked in advance, without requiring an additional payment. We cannot guarantee access to each of the classes, talks and workshops which are included in the ticket price as they have limited capacity and spaces are filled on a first come first served basis. A number of other events, eg. stand-up paddle boarding yoga and outdoor spa area, will require an additional payment. These must be booked in advance of the Event and once spaces are filled, you cannot partake in such events without having made such a booking. Offerings in the healing area will also require to be booked and paid for in advance with the individual persons offering such services.

    20.6 Individual traders, retailers, healers and other bodies (“persons or bodies”) may charge fees for their goods and/or services. The fees for such additional goods or services are separate and independent to the tickets bought from TYP and your transaction for those additional goods or services is a contract between you and those persons or bodies. TYP is not a party to that contract and has no responsibilities under such a contract.  

    20.7 Under 12s go free but must be accompanied by a ticketed adult. There must be one adult to every three children.

    1. Discounted offers

    21.1 TYP may at times offer Discounted Offers to certain persons or groups. 

    21.2 Discounted Offers are given at the discretion of TYP and are not an entitlement.

    21.3 All Discounted Offers are subject to review and may be withdrawn at any time.

    1. Ticket Despatch

    22.1 To assist in our sustainability goals traditional paper ticket(s) will not be issued. An emailed QR code is issued by TYP at the time of booking. This ticket, which along with your confirmation email serves as proof of purchase, will be scanned at the venue. The tickets can be scanned from your phone.

    22.2 For further information on our sustainability commitments please email us. 

    1. Exchanges and Refunds

    23.1 If you have purchased a ticket you are not entitled to cancel your purchase. Once your purchase is confirmed, ticket(s) cannot be refunded or exchanged. 

    23.2 Refunds are not permitted for any and all purchases under any grounds including cancellations for medical reasons. Ticket holders are not entitled to a refund if they change their mind about going or realise they cannot attend anymore. It is recommended that ticket holders seek insurance for their purchase in case of non-attendance. Further information on your rights are available via the Citizens Information website. 

    23.3 TYP tickets may not be resold for commercial purposes or at a premium, nor may they be packaged or used for advertising, promotional or other commercial purposes without the prior written consent of TYP. If a ticket is sold in breach of this condition, the ticket bearer may be refused admission.

    23.4 TYP accepts no liability for fraudulent tickets obtained via any service or individual other than TYP, including secondhand arrangements, which result in the ticketholder being refused entry.

    1. Cancellation of event and Changes to schedule

    24.1 Management reserves the right to cancel the event without prior notice. In this event, tickets may be exchanged or refunded to the face value only from the original point of sale.

    24.2 It is your responsibility to ascertain whether an event has been cancelled and the date and time of any rearranged event. If an event is cancelled or rescheduled, we will use reasonable endeavours to notify you of the cancellation. We do not guarantee that you will be informed of such cancellation before the date of the event.

    24.3 Tickets are sold subject to TYP’s right to alter or vary the programme due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets.

    24.4 TYP reserves the right to make alterations to the programme or line up of the event without prior notice. Changes may be made to free outdoor events as per weather restrictions. We are unable to refund tickets due to weather conditions if the event is not cancelled.

    24.5 If The Yoga Picnic is forced to cancel this event, ticket holders will be automatically rolled over to the next instalment of “The Yoga Picnic”. Under force majeure, TYP shall forthwith serve notice in writing to all ticket holders specifying the nature and extent of the circumstances giving rise to force majeure, and shall subject to service of such notice, have no liability in respect of the performance of such of its obligations as are prevented by the force majeure events during the continuation of such events, and for such time after they cease as is necessary for that party, using all reasonable endeavours, to recommence its affected operations in order for it to perform its obligations. In these terms, force majeure shall mean any cause preventing either party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including without limitation an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, disease, epidemic, pandemic, storm or default of suppliers or sub-contractors. Under force majeure, ticket holders, traders and sponsors shall not be entitled to refunds but will be able to attend the next edition of TYP at no extra cost.

    24.6 If you cannot attend any event or any activations (either in Ireland or internationally) whether due to personal circumstances or due to Covid-19 restrictions, you are not entitled to any automatic refunds. All refunds are discretionary. This is in line with your consumer rights. 

    1. The Yoga Picnic Rules of Entry (the “Rules of Entry”)

    26.1 Entry to the venue of this event (“the Event venue”) constitutes acceptance of the Rules of Entry to the venue.

    26.2 The right of admission is reserved to TYP management.

    26.3 All ticket/badge holders agree that (a) they enter the Event venue at their own risk and(b) due to the uneven terrain of this venue they are advised to wear suitable footwear as it may at times be difficult to move around freely and easily, and as a result, it may not be suitable for those who suffer from certain medical conditions; (c) the organisers of the event and their representatives, agents and licensees accept no liability for any injury of any nature or any loss of or damage to property suffered whilst at the Event.

    26.4 Any person found on these grounds not wearing an event wristband or event badge may be asked to leave or be ejected from the Event venue.

    26.5 Only persons specifically authorised by TYP are permitted to offer sale or distribute any products inside the Event venue.

    26.6 No person is permitted to distribute leaflets, sell or create any delays on the public walkways in the Event venue.

    26.7 The Yoga Picnic is an Alcohol, Drug and Smoke Free event.

    26.8 All public and working spaces onsite are no smoking areas. This also includes all tents and marquees, Front of House tent and all outdoor spaces within the enclosure of the Event site.

    26.9 All admissions are strictly through pre-bought tickets through the official TYP website www.theyogapicnic.com. TYP reserves the right to refuse entry to any person or remove an individual or party from the Event venue who may be acting in any anti-social way whatsoever. This includes an individual who is deemed intoxicated through alcohol or illegal drugs, acting in an abusive manner to other guests or any member of staff or any other activities deemed inappropriate by TYP and its staff. No refunds will be issued whatsoever to anyone refused entry or those removed from the festival perimeter. 

    26.10 TYP reserves the right to refuse admission should patrons breach the Rules of Entry or any terms and conditions of the event or TYP. TYP may on occasions have to conduct security searches to ensure the safety of the patrons. Breach of any of these terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle TYP to eject you from the event venue.

    26.11 TYP reserves the right to refuse admittance to the event venue or to remove any person from the venue for reasons of public safety, any unacceptable behaviour likely to cause damage, nuisance or injury or for any breach of TYP’s terms and conditions.

    26.12 Any persons who fail to comply with the instructions from the stewards may be ejected from the Event venue. TYP reserves the right for servants or agents to remove from the Event venue any person who does not comply with the regulations, or whose presence on these lands could reasonably be construed as constituting a source of danger, nuisance or annoyance to other patrons.

    26.13 Some of the classes and workshops may not admit attendees after the start time. While every effort to admit latecomers will be made, admission cannot always be guaranteed.

    26.14 Special effects which may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects may be featured at an event.

    26.15 Whilst generally dogs are welcomed to TYP we have a number of rules we ask you to adhere to preserve the experience of all at the Event. A) Dogs must remain on leads at the Event. B) With the exception of guide dogs, dogs cannot be brought inside any structures C) Dogs cannot be left unattended at any times, tied to any structures whilst the owner is inside a structure. D) All dog waste must be immediately removed. E) Dogs must not be left in cars and you need to bring your own dog water bowls. 

    26.16 Illegal drugs, legal highs, fireworks and weapons of any kind are not permitted. You may be body and/or bag searched at the entrances. Persons suspected of carrying items that may be used in an offensive or dangerous manner, or carrying out illegal activities onsite may be searched. *Please note: TYP or personnel appointed by the Yoga Picnic can refuse entry/possession of any such items at their discretion. 

    26.17 All parents/guardians will be held solely responsible for the children they are accompanied by.  

    26.18 TYP event may not be photographed, video recorded, audio recorded or in any way reproduced for commercial purposes. 

    26.19 Ticket holders assume all risk of injury and responsibility for lost, destroyed or stolen property at TYP events and releases TYP from all liability thereafter.

    26.20 The use of single-use plastic bottles is forbidden at The Yoga Picnic. 

    26.21 Photography of children is strictly forbidden, except by their own primary carers.

    26.22 Please have your e-tickets either on your phone or printed for scanning on arrival.

    26.23 The Outdoor spa area and Stand Up Paddle Boarding can be used by persons over age 16 only. 

    26.24 Anyone who wishes to swim in the lake does so of their own volition and at their own risk. 

    1. Liability

    27.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by you are at your own risk. TYP shall not be liable for you for any loss of enjoyment or wasted expenditure.

    27.2 Unless otherwise stated in this clause, TYP’s liability to you in connection with a TYP event (including, but not limited to, for any cancellation, rescheduling or material change to the programme of the event) shall be limited to the price paid by you for the ticket, excluding any per order handling fee.

    27.3 TYP will not be liable for any loss, injury or damage to any person (including you) or property howsoever caused: (a) in any circumstances where there is no breach of a legal duty of care owed by TYP; (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury resulting from our negligence); or (c) to the extent that any increase in any loss or damage results from breach by you of any of the terms of this Purchase Policy and/or any terms and conditions of TYP or your negligence.

    27.4 Nothing in these Terms and Conditions seeks to exclude or limit TYP’s liability for death or personal injury caused by TYP (as relevant) negligence, fraud or other type of liability which cannot by law be excluded or limited. 

    1. Ticket-holder agreements

    28.1 By purchasing a ticket and attending an Event, I hereby agree to the following terms:

    28.1.1. Release and Waiver: In consideration of attending a TYP Event, including any classes, workshops,  demonstrations, talks, the use of the Outdoor spa area, Stand Up Paddleboard Yoga, (the “Activity”), I agree and acknowledge that I am fully aware that participation in the Activity may involve risks. “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, financial or economic loss, or loss or damage to or loss of your property incurred or suffered by you directly or indirectly as a result, in whole or in part from my participation in the Activity. “Released Party” means THE YOGA PICNIC and all of its affiliates, franchisees and their respective assignees, representatives, directors, officers, agents, sub-contractors, employees and volunteer staff. I agree and acknowledge that: (a) the Activity may be physically strenuous; (b) I am in proper physical condition to participate in the Activity; (c) I am aware that participation could, in some circumstances, result in physical injury, serious physical injury or death; and (d) I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured and will do so. Waiver and Limitation of Liability: I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any Claims, I may have now or at any other time, against any Released Party and I agree, by accepting the inherent dangers and risks associated with the Activity, not to make any Claim against or seek any compensation from the Released Parties in respect of any personal injury, illness or death suffered by me (unless such a death or personal injury is caused by the negligence of that Released Party) or damage to or loss of property I sustain as a result of my participation in the Activity; I agree to hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim (excluding personal injury or death caused by the negligence of that Released Party); I acknowledge and agree that no Released Party shall be liable for any personal injury, illness or death, unless caused by the negligence or wrongful act of that Released Party; I accept that this Release and Waiver is reasonable given the nature of the Activity. Medical disclosure I agree and acknowledge that my health and fitness needs to be appropriate for this Activity and that the Released Parties recommends: (a)I should seek medical advice if I am uncertain (b)I should not take part in the Activity against that advice. The Released Parties reserve the right to refuse any participant the right to commence or require the participant to cease participation in the Activity should they believe it necessary on medical grounds. I acknowledge and agree that if I fail to comply with the duty of medical disclosure and if the Reserved Parties would have not permitted me to undertake the Activity, or continue participation, had I made a full disclosure, the Reserved Parties will not be liable for any personal injury, death or property damage or loss I incur. Nothing in the clause excludes or limits a Released Party’s liability for death or personal injury which arises as a result of such Released Party’s negligence. I am aware that there is no obligation for any person to provide me with medical care during the Activity. I understand and acknowledge that: (a)there may be no aid stations available for the Activity (b)If medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered. Waiver and Limitation of Liability Confirmation Nothing in this Release and Waiver shall exclude or limit the liability of any Released Party for death of personal injury caused by such Released Party’s negligence, fraud or fraudulent misrepresentation, or for any other matter excluded by law. I have fully read and understand this agreement. I am aware that by purchasing a ticket and attending an Event, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party. 

    28.1.2 Images, Videos and Copyright I grant my permission to the Released Party and any transferee or licensee or any of them, to utilise any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me for any purpose (“Images”), including commercial use by the released parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of the Images and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images. I hereby release the Released Party including, without limitation, all persons who took or otherwise created, recorded or modified the Images, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which I now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the Images and the creation, use or disposition of them. I acknowledge and agree that the Released Party shall own all right, title and interest, throughout the world, in and to the Images and any materials compromising all or any part of the Images, and that the Released Party has the unrestricted right to use, license, sell, transfer or otherwise dispose of any or all of them, as well as the Released Party’s rights under this Release and Waiver, in any manner whatsoever and without any accountability to me. I hereby assign to the Released Party all right, title and interest, throughout the world, I may have in and to the Images and any materials comprising all or any part of the Images, including all intellectual property rights thereto. I hereby irrevocably waive any and all of my moral rights and any other irrevocable rights I may have, throughout the world, in or to the Images and any materials comprising all or part of the Images. If any provision, or part of a provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 

    28.1.3 Attendees under 18’s Year Old If the participant is less than 18 years of age, the parent or guardian agrees to the following statements: As a parent or guardian of the participant child, I authorise the child to participate. I agree that in the event the participant child, or anyone acting on his or her behalf, should make any claim, I will provide the hold harmless described and I agree to the terms of this Release and Waiver. In the event of a medical emergency involving the participant child and any Released Party is unable to contact me, I agree and grant my permission that any Released Party may provide medical care to the participant child. I agree and grant my permission that  to the Released Party and any transferee or licensee or any of them, to utilise any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to my child for any purpose (“Images”), including commercial use by the released parties, their sponsors and their licensees. I have read and understand that the terms set out at 28.1.2 above entitled “Images, Videos and Copyright” apply to images of my child also.

    28.1.4 Data Protection Notice and Declaration The information you provide when purchasing tickets will be held and processed by TYP. I hereby acknowledge that the information may be shared with the representatives, agents, employees or contractors of TYP  or its affiliates for the purpose of the administration and operation of the Activity. The information you provide on this form will be held in accordance with the Data Protection Acts 1988-2018. You are responsible for the accuracy and completeness of the information supplied and in particular the supply of personal information to us. By purchasing a ticket and opting in to the ‘Terms and Conditions’ you are agreeing to the use of your personal information as described in this notice and confirming. 

    28.1.5 Teachers Indemnity: As a yoga teacher participating in the The Yoga Picnic (the “Event”), organised by TYP, I hereby agree to indemnify and hold harmless TYP, its officers, directors, employees, volunteers, and agents from any and all claims, damages, or causes of action arising from or related to my teachings or actions at the Event, including but not limited to claims for personal injury, property damage, or professional negligence. I understand that TYP is not responsible for any injury or damage that may result from my actions or teachings at the Event and I hereby release and discharge TYP, its officers, directors, employees, volunteers, and agents from any and all claims, damages, or causes of action arising from or related to my actions or teachings at the Event, including but not limited to claims for personal injury, property damage, or professional negligence.

    28.1.6 Vendors/ Retailers Indemnity: As a vendor/retailer participating in the The Yoga Picnic (the “Event”), organised by TYP, I hereby agree to indemnify and hold harmless TYP, its officers, directors, employees, volunteers, and agents from any and all claims, damages, or causes of action arising from or related to my actions or products for sale at the Event, including but not limited to claims for personal injury, property damage, or professional negligence. I understand that TYP is not responsible for any injury or damage that may result from my actions or products for sale at the Event and I hereby release and discharge TYP, its officers, directors, employees, volunteers, and agents from any and all claims, damages, or causes of action arising from or related to my actions or products for sale at the Event, including but not limited to claims for personal injury, property damage, or professional negligence.

    28.1.7 Volunteers: As a volunteer participating in the The Yoga Picnic (the “Event”), organised by TYP, I hereby agree to indemnify and hold harmless TYP, its officers, directors, employees, volunteers, and agents from any and all claims, damages, or causes of action arising from or related to my actions at the Event, including but not limited to claims for personal injury, property damage, or professional negligence. I understand that TYP is not responsible for any injury or damage that may result from my actions at the Event and I hereby release and discharge TYP, its officers, directors, employees, volunteers, and agents from any and all claims, damages, or causes of action arising from or related to my actions at the Event, including but not limited to claims for personal injury, property damage, or professional negligence.

    1. Queries and Complaints

    29.1 If you have any queries or complaints regarding your purchase, please email us or contact us through our Website, quoting your order number given to you at the conclusion of placing the order.

    29.2 Some queries can take up to 28 days to resolve, but we will get back to you as soon as possible.

    29.3 If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both you, and us TYP.

    1. Governing Law

    30.1 All of these terms and conditions are governed by the law of the Republic of Ireland and any disputes arising out of any transaction with TYP are subject to the exclusive jurisdiction of the Irish Courts.

    30.2 This Purchase Policy does not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Information.

    1. TYP reserves the right to make amendments to these Terms and Conditions at any time without notice.
    2. Contacting us 

    If you have questions about this Purchase Policy, the Terms and Conditions or about an order you have placed, please submit these by email to theyogapicnic@gmail.com.

     

    UPDATED 20 April 2024