Terms & Conditions
THIS AGREEMENT
This agreement is made between Bonnie Locket Ltd (with company no. 13926744) with registered office located at Century House, Wargrave Road, Henley-On-Thames, Oxfordshire, England, RG9 2LT (“BLL”; “we”; “us”; “our”) and you (“Client”; “you”) and contains the terms and conditions for our creators retreat (“Retreat”) hosted at our venue (“Venue”) or exclusive Venue hires, in each case booked through our platform https://bonnielocketretreats.com/ (“Platform”).
IMPORTANT CONDITIONS
Client(s) must be aged 18 and over to take part in the Retreat or otherwise to make an exclusive Venue hire booking. Proof of age and identity may be requested by BLL and BLL reserves the right to withhold making or otherwise cancel any bookings made by Client(s) that fail to provide such documentation on reasonable written request by BLL.
All bookings for either Retreat or exclusive Venue hires shall be subject to availability.
THE CREATORS RETREAT
The Retreat comprises a full day (approximately 6 hours, excluding travel) of professional photography, consultancy and coaching for content creators (“Services”).
During the Retreat and as part of the Services, Client(s) can expect to take part in photoshoots at the Venue (which may comprise video and/or still imagery) undertaken by professional photographers and videographers. At the end of the Retreat, Creators shall receive (digital) copies of all photographs and/or videos (on a USB or similar digital or cloud storage device) from the photoshoots undertaken during the Retreat for the Client’s own portfolio, editorial and/or commercial use.
During the Retreat, Client(s) shall also receive specialist consultancy and coaching sessions (approximately 45 minutes) with expert professionals and representatives of BLL (including, without limitation, Bonnie Locket) in relation to content monetisation and online platform and social media growth strategies, tailored to assist Client(s) to boost their online presence and content revenue generation. BLL also reserves the right to provide such consultancy or coaching services on a group basis with other Client(s) during the Retreat.
Food and drink may also be made available to Client(s) during the Retreat. PLEASE NOTE: it is the Client(s)’ responsibility to notify BLL of any dietary requirements, including with respect to any allergens. BLL accepts no liability whatsoever for Client(s)’ failure to notify BLL in writing of any dietary requirements ahead of the Retreat.
EXCLSUIVE VENUE HIRE
Each exclusive Venue hire booking shall be for a maximum of 5 persons (including the booking Client) included within the prices set out below. Exclusive Venue hires may be made available for additional attendees (i.e., above the maximum 5 persons per booking) subject to additional fees as set out on our Platform (calculated at £300 per person per day).
Each exclusive Venue hire booking shall be held provisionally for 3 calendar days following initial inquiry, or if such time is not available before the date of event the required, for a maximum of 24 hours. After this time, BLL reserves the right to release the provisional booking without notice to the Client.
PAYMENT & ADDITIONAL CHARGES
The base price of the:
Retreat and Services is £2,000; and
In case of the Retreat or exclusive Venue hire, payment shall be paid by in full by way of deposit (“Deposit”). All payments shall be made by Client(s) via PayPal or as otherwise indicated on the Platform.
These terms and conditions agreement shall come into effect on the date that the Deposit has been paid to BLL in cleared funds by the Client. Until that time, bookings for the Retreat and/or exclusive Venue hire will be treated as provisional.
Upon payment, Client shall receive confirmation of their booking via the email address supplied by Client on the Platform.
BLL may provide additional services during the Retreat and/or exclusive Venue hire (such as, by way of example only, social media promotions) and BLL may issue an additional invoice after the Retreat and/or exclusive Venue hire for any such further charges due to BLL calculated by reference to BLL’s published price list which were not included in the original invoiced booking. Such charges may include those payable for any final alterations to the Services, or for additional guests attending the Retreat and/exclusive Venue hire in excess of the number estimated by the Client on or via the Platform. Charges invoiced pursuant to this clause 5.5 shall be payable by the Client within 14 days of receipt.
All amounts payable by the Client(s) exclude amounts in respect of value added tax (VAT), which the Client shall additionally be liable to pay to BLL at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
CANCELLATIONS & CHANGES TO BOOKINGS
BLL may cancel this agreement with immediate effect by giving the Client notice in writing if:
the Client fails to pay any amount due under this agreement on the due date for payment;
the Client commits a material breach of any term of this agreement;
the Client takes or has taken against it any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part 1A Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this clause 6.1.3.
The Client may cancel their booking by notice in writing to BLL and sent by notice though the Platform to: Contact us – Bonnie Locket Retreats. The date from which the cancellation applies will be the date on which the cancellation notice is received by BLL.
Client acknowledges and agrees that bookings are non-refundable but may be rescheduled up to one week before the confirmed date, subject always to availability.
If Client fails to arrive within 24 hours of the first day of exclusive Venue hire and having omitted to inform BLL of their delay, such client shall be considered to have cancelled their booking and no refund will be made. For clarity, should Client fail to attend any Retreat on the scheduled day, then no refund shall be paid to Client. Any refunds with respect to the Retreat and/or exclusive Venue hire in such circumstances shall be at BLL’s sole discretion.
Whilst BLL does not expect to make any changes to your booking, occasionally problems occur, and bookings have to be changed or cancelled (for reasons beyond BLL’s control). If this does happen, BLL will contact the affected Client by email as soon as is reasonably practical, explain what has happened and inform them of the cancellation or change.
Client acknowledges and agrees that BLL shall not be liable for any indirect losses or expenses incurred as result of minor changes to bookings. Such minor changes to a Client’s booking shall not entitle Client to cancel their booking where an alternative date has been offered by BLL, unless Client pays the cancellation charges set out in these Conditions. For clarity, a minor change is a change which, taking into account the information provide by the Client at the time of booking or which BLL can be reasonably expected to know, BLL could not reasonably expect or foresee to have a significant effect on the Client’s confirmed booking.
If a significant change has been made to a Client’s booking by BLL (and the change is not acceptable to Client for bona fide reasons) or a Client’s booking has to be cancelled, BLL will offer a refund however, compensation will not be payable where any change or cancellation plans result from “force majeure” (detailed below).
Except where otherwise expressly stated in these terms and conditions, BLL shall not be liable for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by BLL to properly perform any of its obligations to Client which are due or arise from any event(s) or circumstance(s) beyond the reasonable control of BLL (referred to as “force majeure” in theses conditions). By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, industrial action, destruction or damage of the property by any cause (other than negligence of the company) and all similar situations. In appropriate cases (for example where a Client’s booking has to be cancelled before departure), Client will refund all monies paid to the company by Client for their booking. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/accommodation) will be payable in such circumstances by BLL to Client.
LICENCE AND USE OF VENUE
Subject to clause 6, BLL grants the Client the right to enter and use the Venue for the purposes of the Retreat and receiving the Services, or, as applicable to exclusive Venue hire, the right to enter and use the Venue on the agreed booking dates in accordance with the terms of this agreement. Client acknowledges that:
Client shall have the right to enter and use the Venue as a licensee only and no relationship of a landlord and tenant is created between BLL and Client by this agreement; and
BLL retains control, possession and management of the Venue and Client has no right to exclude BLL from the Venue. BLL reserves the right to enter the Venue at all times during the course of the Retreat and/or the exclusive Venue hire, including to supply the Services.
Client agrees and undertakes:
not to use the Venue other than for the Retreat and/or exclusive Venue hire;
not to do or permit to be done anything on the Venue which is illegal, or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience, or disturbance to BLL or to any other customers of BLL, or any owner or occupier of neighbouring property;
to comply (and ensure that its staff and agents comply, if applicable) with the terms of this agreement and any instructions or notices from BLL Supplier, and use reasonable efforts to ensure that any guests or other persons present at the Retreat or during the agreed booking for the exclusive Venue hire so comply;
to permit BLL to search all containers, bags, boxes, and equipment coming into or leaving the Venue, including those brought onto the Venue by guests during the Retreat and/or during the agreed booking for the exclusive Venue hire;
not to cause or permit to be caused any damage to the Venue, including any furnishings, equipment, or fixtures at the Venue. PLEASE NOTE: It is strictly forbidden to use fireworks, candles, and Chinese lanterns at the Venue. Client acknowledges and agrees that it shall be liable to BLL for any costs / expenses incurred by BLL as a result of Client’s breach of this clause 7.2.5.
not to smoke or permit smoking (including e-cigarettes) anywhere in the Venue. Smoking is however allowed within the gardens at the designated smoking points;
not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Venue;
not to display any advertisement, signboards, flag, banner, placard, poster, signs, or notices at the Venue without the prior written consent of BLL;
not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Venue, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of BLL;
to leave the Venue in a clean and tidy condition and to remove Client’s decorations, displays and any other Client equipment from the Venue at the end of the applicable Retreat date or the agreed booking period as applicable to the exclusive Venue hire;
to ensure that all guests leave the Venue by the times indicated by BLL. For clarity, the hire period commences at 9am on the first day of hire and terminates at 6pm on the last day of hire. Notification must be made to BLL in order that arrangements can be made for entry into the accommodation. Failure to do so may result in the inability to gain access to the property. Failure to arrive by 1pm on the day with non-notification to BLL, may result in the booking being treated as having been cancelled by the Client. No refund of monies paid by the Client will be made in these circumstances.
not to bring or permit to be brought any animal onto the Venue without the prior written consent of BLL, with the exception of assistance dogs within the meaning of the Equality Act 2010. Where animals are permitted by BLL, Client acknowledges and agrees that such animals are not permitted in the upstairs of the Venue or on any furniture. Please be aware that there may be farm animals in surrounding fields to the Venue. Client must not let their animals foul the garden or the areas in the immediate vicinity of the Venue. All animal waste must be collected immediately, and such animals must never be left unattended in the Venue. Please make an extra effort before leaving to vacuum up all pet hairs. Client acknowledges and agrees that it may be charged additional cleaning fees by BLL where it is found to be in breach of this clause 7.2.12.
Client shall, at all times, ensure that Client and its guests behave in a responsible and safe manner at the Venue and in accordance with clause 7.2.1 – 7.2.12. BLL reserves the right to remove, evict Client or request that Client remove guests that do not comply with the forgoing obligations from the Retreat and/or the Venue and Client shall comply with such request.
GUEST NUMBERS & OCCUPANCY
The number of guests occupying the Venue must not exceed the maximum number stipulated by the booking. Should this condition not be observed, BLL retains the right to refuse entry to any or all guests within the party. Any guests exceeding the number specified will be charged £500 per day of the booking.
BLL is entitled to refuse grant Client access to, or to repossess, the Venue (which includes fixtures, fittings, furnishings and decorations) if BLL reasonably believes that (i) Client has permitted additional guests not otherwise specified in booking to occupy the Venue; (ii) any damage is likely to be caused, has been caused or is being caused by the Client or any members of their party. These circumstances will be treated as a cancellation by Client. No refund of any monies Client have paid in respect of their booking will be made and BLL will have no liability to Client and/or its guests as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property). In this situation the Company is not under any obligation to find any alternative accommodation for the Client. Sub-letting may be permitted when agreed in advance with BLL in writing.
Client acknowledges and agrees that there is a CCTV camera located on the Venue externally, facing the courtyard and that the CCTV also has a night mode. Client provides all necessary consents, permissions and waivers in relation with respect to such CCTV recordings.
Client must not use any third party caterers or bring (or permit guests to bring) any food or drink (including alcoholic drinks) into the Venue without the prior written consent of BLL. If BLL consents to the consumption of Client’s own beverages at the Venue, a corkage charge shall apply as set out in BLL’s published price list in force at the date of this agreement.
BLL and its directors, staff, affiliates, agents, and representatives reserves the right to be in the Venue at all times throughout the applicable booking. Client acknowledges and agrees that such right of entry is necessary, for, but not limited to, the undertaking of necessary repairs, maintenance or inspections. Prior notice will be given to the Client wherever possible, and privacy will be respected at all times.
LIABILITY
It is recommended that Client obtains insurance cover in respect of all risks which may be incurred by Client, arising out of the Retreat and/or exclusive Venue hire.
The restrictions on liability in this clause 9 apply to every liability arising in connection with this agreement including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.
Nothing in this agreement limits any liability which cannot legally be limited, including liability for:
death or personal injury caused by negligence; and
fraud or fraudulent misrepresentation.
Subject to clause 9.3, BLL shall not be liable for:
the death of, or injury to, the Client or that of the Client’s employees, contractors or any other guests or invitees to the Venue; or
damage or theft of any property of Client or that of the Client’s employees, contractors, or other guests of invitees to the Venue.
Subject to clause 9.3 and clause 9.4, BLL’s total liability to the Client shall not exceed the monies paid or payable by Client to BLL in connection with the Retreat and/or exclusive Venue hire.
Subject to clause 9.3 and clause 9.4, the following types of losses that are expressly excluded:
loss of profits
loss of sales or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of use or corruption of software, data, or information;
loss of or damage to goodwill; and
indirect or consequential loss.
Unless Client notifies BLL that it intends to make a claim in connection with this agreement within the notice period, BLL shall have no liability for that claim. The notice period for a claim shall start on the day on which Client became, or ought reasonably to have become, aware of the incident giving rise to the claim having occurred and shall expire within 6 months from that date. The notice must be in writing and must identify the incident and the grounds for the claim in reasonable detail.
BLL accepts no liability for the non-supply of public utilities beyond their control (including water, electricity, and broadband or phone services).
Indemnity. Client shall indemnify BLL, its directors, staff, affiliates, agents, licensees, and/or representatives (each an Indemnified Person) against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by BLL and each Indemnified Person arising out of or in connection with any breach of this agreement by Client.
GENERAL
Force majeure. Neither party shall be in breach of this agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance shall be extended accordingly. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate this agreement by giving 7 days’ written notice to the affected party.
Assignment and other dealings.
Client shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under this agreement without the BLL’s prior written consent.
BLL may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under this agreement.
For the purpose of this Agreement ‘Confidential Information’ shall mean shall mean any information, data, spoken words, documentation, photographs, images, audio and audio visual recordings supplied to Client relating to any coaching and/or consultancy Services provided to Client during the Retreat or in relation to the business, personal affairs, properties (including the address of the Venue), assets, activities and/or health of BLL and/or any of its or any of its officers or directors or any of their companies, including any information which although not strictly confidential in a legal sense may be of interest or value to, amongst others, the press or gossip writers.
In return for BLL making Confidential Information available to Client during the Retreat and/or during an exclusive Venue hire booking, Client undertakes to BLL that it shall:
keep the Confidential Information secret and confidential;
not use or exploit the Confidential Information in any way except strictly for its own benefit and purposes and, under no circumstances, shall Client itself, or permit others to, distribute, sell or otherwise disseminate such Confidential Information;
not directly or indirectly disclose or make available any Confidential Information in whole or in part to any person, except as expressly permitted by, and in accordance with this agreement; and
not copy, reduce to writing or otherwise record the Confidential Information except as strictly necessary for performing its obligations under this agreement. Any such copies, reductions to writing and records shall be the property of BLL; and
apply the same security measures and degree of care to the Confidential Information as Client applies to its own confidential information, which Client warrants as providing adequate protection from unauthorised disclosure, copying or use.
Mandatory disclosure. Client may disclose Confidential Information to the minimum extent required by:
an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body or any taxation authority of competent jurisdiction;
the laws or regulations of any country to which its affairs are subject.
Before Client discloses any Confidential Information pursuant to clauses 10.3.2.1 and 10.3.2.2., Client shall, to the extent permitted by law, give BLL as much notice of this disclosure as possible. Client acknowledges and agrees that BLL shall be entitled to seek such remedies or relief available to it to prevent the disclosure of such Confidential Information and Client shall not seek to challenge any of BLL’s applications in relation to the same.
If Client is unable to inform BLL before Confidential Information is disclosed pursuant to clause 10.3.2., Client shall, to the extent permitted by law, inform BLL of the full circumstances of the disclosure and the information that has been disclosed as soon as reasonably practicable after such disclosure has been made.
Return or destruction of Confidential Information. If so requested by BLL at any time by notice in writing to Client, Client shall promptly:
destroy or return to BLL all documents and materials (and any copies) containing, reflecting, incorporating or based on BLL’s Confidential Information;
erase all the Confidential Information from its computer and communications systems and devices used by it, or which is stored in electronic form; and
to the extent technically and legally practicable, erase all the Confidential Information which is stored in electronic form on systems and data storage services provided by third parties; and
certify in writing to BLL that it has complied with the requirements of this clause 10.3.5.
Nothing in clause 10.3.5, shall require Client to return or destroy any documents and materials containing or based on the Confidential Information that Client is required to retain by applicable law, or to satisfy the requirements of a regulatory authority or body of competent jurisdiction.
Reservation of rights and acknowledgement. BLL reserves all rights in its Confidential Information. The disclosure of Confidential Information BLL to Client does not give Client or any other person any licence or other right in respect of any Confidential Information beyond the rights expressly set out in this agreement.
Except as expressly stated in this agreement, BLL makes no express or implied warranty or representation concerning its Confidential Information, including but not limited to the accuracy or completeness of the Confidential Information.
Inadequacy of damages. Without prejudice to any other rights or remedies that BLL may have, Client acknowledges and agrees that damages alone would not be an adequate remedy for any breach of the terms of this agreement. Accordingly, BLL shall be entitled to the remedies of injunctions, specific performance or other equitable relief for any threatened or actual breach of this agreement by Client.
Non-disparagement. Client shall ensure that it conducts itself and with regard to public morals and conventions and shall not commit any act or omission which might bring BLL and/or any of its or any of its officers or directors, staff, personnel, and/or affiliates (whether through their attendance the Retreat and/or exclusive Venue hire or otherwise) into public disrepute, contempt, scandal or ridicule, or which might tend to injure the success of BLL and/or any of its officers or directors, staff, personnel, and/or affiliates or which may harm the reputation of BLL and/or any of its officers or directors, staff, personnel, and/or affiliates and not make any defamatory or derogatory statements about, or take part in any activities which are or might reasonably be perceived to be derogatory of or detrimental to the reputation of the BLL and/or any of its officers or directors, staff, personnel, and/or affiliates.
Entire agreement.
These terms and conditions reflect the entire agreement between the parties.
Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
Except as expressly set out in these terms and conditions, no variation of the Retreat, Services and/ or exclusive Venue hire after once agreed/ booked shall be effective unless it is agreed in writing between the parties. BLL may update these terms and conditions from time to time and place a new version on the Platform. Subject to the foregoing, when BLL does so, the updated terms and conditions on our Platform shall have effect from the date that the amended terms are placed on the Platform.
Waiver
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the future exercise of that or any other right or remedy.
If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 10.8 shall not affect the validity and enforceability of the rest of the terms and conditions.
Any notice given to a party under or in connection with this agreement shall be in writing, email sufficing.
Third party rights. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Governing law. The agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the agreement or its subject matter or formation.