Terms and Conditions
The HolyMama Retreat Leader Certification Online Training & Community Including Certification
The following terms and conditions including the Individual Agreement form a binding agreement (“Agreement”) between the Trainee ("Trainee" or "you") and HolyMama Lotus International – Claudia Spahr, sole proprietorship (“HolyMama”). New conditions on use of the Site or changes of these General Terms and Conditions may be imposed by HolyMama, in its sole discretion and from time to time, in which case HolyMama will post the revised Terms and Conditions on its website. The most current version of the terms will supersede all previous versions. HolyMama encourages Trainee to periodically review the terms to stay informed of our updates. These terms and conditions (“Terms”) apply to The HolyMama Retreat Leader Certification Online Training & Community ("Training") provided by Claudia Spahr of HolyMama Lotus International.
The acceptance for the Trainee to participate in Training commences when the Individual Agreement is signed by you and accepted by us, and additionally when payment is received either in full or for the first of the appropriate instalment options. HolyMama will provide the Training with reasonable care, skill and ability. Apart from that, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of Training and coaching, HolyMama cannot and does not guarantee any particular results.
When participating in Training, information you share and your behaviour towards other participants shall be polite, respectful and not offensive. Offensive or hostile behaviour towards or in relation to other participants is not permitted. You will not post material or make comments that are likely or intended to be or are in breach of any person’s rights, defamatory, obscene, sexually explicit, discriminatory, violent, threatening, promoting illegal activity, or are likely or intended to deceive any person, or harass or cause anxiety to any person, or likely to bring us into disrepute. HolyMama reserves the right to change the content of the Training at any time without notice with the intention to provide more value.
Copyrights, Trademarks and Restrictions on Use of any or all Other Intellectual Property
All materials published on the website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) and in Training material and handouts are individually protected by copyrights, trademarks and restrictions on use of other intellectual property ("IP") which are owned, licensed and/or controlled by HolyMama. Moreover, the selection, coordination, arrangement and enhancement of all contents of the Website are also IP protected as a collective work. You shall abide by all IP notices and other restrictions contained in any material accessed through the Website. No material from the Website (including, but not limited to, electronic courses or instructional videos or audio-visual materials) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, non-commercial use, or use specifically permitted by HolyMama is a violation of the respective owners’ IP rights. The use of any such material on any other website or networked computer environment is prohibited. All IP rights are proprietary to HolyMama. Elements of the site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Your use of the materials published on this Website is subject to a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site conditioned on your continued acceptance of, and compliance with, the Agreement. Unless specified and part of the training material and handouts, you may not use in any format whatsoever any of the Website or Training content or intellectual property, in whole or in part without our prior written consent.
You understand that by participating on the Training and/or using the Website, you may be exposed to content that is offensive, indecent or objectionable (all such content, whether offensive, indecent, objectionable, or otherwise is referred to hereinafter as “Content”). Under no circumstances will HolyMama be liable in any way for any for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.
Limitation of Liability and Indemnity
HolyMama does not dispense medical advice or prescribe the use of any technique as a form of treatment for physical or medical problems without the advice of a physician, either directly or indirectly. HolyMama may only offer information of a general nature to help you in your quest for physical, mental, emotional and spiritual wellbeing. In the event you use any of HolyMama's information for yourself, which is your right, HolyMama assumes no responsibility for your actions.
You acknowledge that the Training may involve education, personal and business development, that their effect depends on your own level of engagement and commitment and that no specific results can therefore be guaranteed by HolyMama. HolyMama accepts no responsibility for any decisions made by you as a result of the Training or services.
HolyMama’s obligations are limited to providing the Training as expressly described in the Agreement and no further warranties, representations or assurances are given to the extent that these are implied by and cannot be excluded under law.
You acknowledge that HolyMama is only to offer information to help you. You confirm that you are mindful of your own wellbeing and are wholly responsible for your business decisions.
IN NO EVENT WILL HOLYMAMA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF ACCESS TO, OR USE OF THIS WEB SITE, OR DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION CONTAINED IN THIS WEB SITE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.
As a condition of the Agreement and your use of HolyMama's websites, you agree to indemnify HolyMama from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your participation on the Training and the use of HolyMama's websites, including without limitation any claims alleging facts that, if true, would constitute a breach by you of the Agreement.
HolyMama informs you that you need to seek own legal advice for all HolyMama templates and documents, Trainee is willing to use in its own name. All Training material and handouts are only templates and Holy Mama does not guarantee that such documents are compliant in any jurisdiction.
The Website and the Training may contain links to third party websites and resources. You acknowledge and agree that HolyMama is not responsible or liable for the information or services of these third party's websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with HolyMama. Unless otherwise stated, the Agreement only covers the conditions to attending the Training and the use of HolyMamas’ websites. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that Holy Mama is not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Should any provision of these Terms and Conditions or the Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
To use certain features of HolyMamas’ websites, you will need a username and password, which you will receive through the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. HolyMama will not be liable for any loss or damage caused by any unauthorized use of your account.
Confidentiality and Non-Disparagement
Each party (HolyMama, Trainee and other Trainees) shall keep confidential all sensitive information relating to the other business (which in HolyMama's case includes materials provided in connection with the Training) and not use such information for any purpose other than that for which it was provided. This shall not apply to the extent that any information is required to be disclosed by law or by any court or public body having binding authority to require such disclosure. Each party agrees not to engage in any conduct or communications, public or private, intended or likely to disparage the other (or other members of the Community) or damage their interests.
HolyMama will not be in breach of the Agreement nor liable for failure to provide services or perform obligations where it is not reasonably practicable to do so due to acts, events, omissions, accidents or circumstances beyond control. This entire clause, including this paragraph, shall survive termination of the Contract.
Removal from Facebook Groups or other Social Media Groups
HolyMama reserves the right to remove you from the Closed Facebook Group if the Rules as detailed above are not adhered to.
Place of Jurisdiction and Applicable Laws
The Agreement shall be governed by the Laws of Switzerland and the parties consent in all matters to the exclusive jurisdiction of the courts competent for Muttenz. HolyMama Lotus International is a registered sole proprietorship, registered under UID CHE 221.183.120 in the Commercial Register of the Canton Basel Landschaft/Switzerland.
Terms and Conditions
The HolyMama Retreat Attendees
1. It is the customer’s responsibility to check the reservation and ensure that the particulars contained therein are correct.
2. The customer may pay up-front in full or via installments. There is a non-refundable, non-transferable deposit in the sum of 30% (minimum €450) of the total amount due for each person named in the reservation.
3. The balance monies due shall be paid by the customer to HolyMama not less than 8 weeks prior to the date of departure. Bookings within the last 8 weeks must be paid in full at time of booking. Payment can be made via bank transfer or credit card (via Paypal or Stripe).
4. If payment of the balance is not received by the due date HolyMama will give the customer a reminder but failure to respond to this prompt gives HolyMama the right to cancel the reservation and retain the deposit.
5. In the event of cancellation by the customer, regardless of the circumstances, the following refund fees, minus the deposit apply. This is non-refundable, as mentioned in 2:
Cancellation 2 weeks or less before due arrival date, 0% refund
Cancellation 3 to 5 weeks before due arrival date, 25% refund
Cancellation 6 to 7 weeks before due arrival date, 50% refund
Cancellation more than 8 weeks before due arrival date, 100% refund
(HolyMama recommends travel insurance for the trip. This would ensure any monies lost in the event of cancellation could be recovered by the customer).
6. Due to situations beyond our control, HolyMama reserves the right to change bookings and shall inform the customer as soon as possible. Alternative arrangements will be offered but we do not accept responsibility for any costs incurred.
7. HolyMama is not held liable for flight costs.
8. HolyMama reserves the right to offer discretionary discounts and this does not affect the status of any guests who have paid the full price and no discount will then become due to them.
9. The customer shall not use the retreat property except for permitted use and shall not use the property for any offensive, noisy, dangerous, illegal, entertainment, immoral or improper purposes. The customer shall not do anything which may be a nuisance or annoyance to HolyMama and its guests, staff or owners.
10. The customer shall keep all fixtures, fittings, furniture and effects on the property, where the retreat is held, in a clean and good condition and shall pay damages to the property owner for any articles which are destroyed or missing. HolyMama shall under no circumstances be liable for any damage to the property caused by the customer or their child.
11. HolyMama reserves the right at its sole discretion to terminate use of the property or any of its facilities by the customer in the event of any breach of these terms and conditions. The customer will be required to vacate the property and HolyMama shall not refund payment or accept any consequential liability damages or loss.
12. HolyMama retains all copyright licence rights and sole exclusive ownership of the information, photographs and material displayed on its website. The material may not be modified, copied or used in any other way.
13. Any user of the website has to be 18 years of age or older and agrees to be entirely financially responsible for all charges and other fees arising from use of the website.
14. HolyMama accepts no responsibility for keeping the website up to date and will not be liable for any loss by its failure to do so. We are not responsible for the contents of any links displayed on our website.
15. It is the customer’s responsibility to ensure that he/she has all the relevant travel documentation and arrives at the airport in time.
16. HolyMama can accept no responsibility for delay or cancellation of any flights, train, buses or other forms of transport.
17. HolyMama reserves the right to alter any facility accommodation or yoga activity.
18. In the event that the customer decides to downgrade their accommodation after monies have been paid, the customer will not be entitled to any refund. If the customer wishes to upgrade the new price will apply.
19. The customer must comply fully with all and any health and safety regulations introduced by HolyMama. The customer must ensure that he/she is medically and physically fit and able to use our facilities and participate in activities. Customers who have injuries or illnesses are advised to seek doctor’s advice if practicing yoga. HolyMama is not liable for any injuries to the customer in his/her use of our facilities or participation in activities. A customer must always stop and rest if he/she is feeling any pain or sickness and inform the teacher of any previous injuries.
20. HolyMama cannot accept any responsibility for loss or damage of personal possessions or valuables of the customer.
21. HolyMama is not liable for any injuries to the customer's child or children, whether these occur during the hours of childcare or under the supervision of the mother.
22. In the event of a customer having any complaint then he/she will not discuss this with any third party and shall notify the manager as soon as possible.
23. HolyMama shall not be liable for any failures beyond its control. This covers natural disasters, war, ‘acts of God’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors.
24. HolyMama accepts no liability for loss, damage, injury or illnesses which may be received during the customers stay or travelling to and from the retreat.
25. We recommend that all customers have adequate travel, cancellation and medical insurance for the duration of the trip. Should a customer decide to cancel or shorten their stay there is no refund entitlement.
26. The terms and conditions form a binding agreement between the customer and HolyMama. HolyMama reserves the right, in its sole discretion, to change the terms and conditions without advance notice. The most current version of the terms and conditions will supersede all previous versions. HolyMama encourages the customer to periodically review the terms and conditions to stay informed of updates.
28. These terms and conditions shall be governed by Switzerland and the parties consent to the exclusive jurisdiction of the Swiss courts in all matters regarding them. HolyMama is a registered company, UID CHE 221.183.120.