Our Terms and Conditions (“Terms”) describe what we do for you (the “Client”) and what we require of you as a Client. The purpose of these Terms is to
govern the development of a coaching relationship between us to cultivate your goals and aid with the proper mental, emotional, physical and spiritual
preparation required for attending the Ayahuasca Retreat. These Terms shall become effective once accepted by the Client and shall continue until terminated under Clause 6.
“Ayahuasca Retreat” means the 5 day retreat hosted by the Facilitator and Ness Dalga in Sant Salvador de Guardiola, Spain;
“Deposit” means the amount specified by the Facilitator to be paid by the Client to secure the booking;
“Facilitator” means Melissa Layton;
“Force Majeure” means the occurrence of any cause or event that is beyond the reasonable control of the affected party, provided that the affected party is
without fault in causing or failing to prevent such occurrence; and the effect of such occurrence on the affected party could not have been circumvented by
reasonable precautions or by the use of commercially reasonable alternative sources, workaround plans or other means. Force Majeure may include:
(a) war, riot, civil commotion or terrorist attack;
(b) fire, flood or storm;
(c) strikes, lockouts or other industrial disputes;
“Group” means the group of clients attending the Ayahuasca Retreat which shall include the Client;
“Introductory Call” means a 30-minute call with the Facilitator to discuss the Client’s suitability to attend the Ayahuasca Retreat;
“Session” means a 1 – 1.5 hour group coaching session held online;
“Services” means the preparation, integration, facilitation and coaching services delivered by the Facilitator.
2.1. To secure the booking, you must pay the Deposit. You understand that until the Deposit is paid your booking can be terminated without notice.
2.2. To secure the booking, it is also necessary to book an Introductory Call with the Facilitator here. If you have not
previously attended one of our retreats and have not attended an Introductory Call, you understand that your booking can be terminated without notice.
3.1. The Facilitator agrees to facilitate 4 preparatory Sessions prior to the Ayahuasca Retreat and 4 integrative Sessions after the Ayahuasca Retreat for the
Group. The Facilitator will be available via Instagram and the Group Whatsapp group for additional support between the Sessions.
3.2. The Facilitator agrees to provide 3 Yoga Sessions at the Ayahuasca Retreat.
3.3. While at the Ayahuasca Retreat, primary support will be provided by Ness Dalga and her team who will provide 3 Ayahuasca Ceremonies and
4.1. The Facilitator agrees to maintain the ethics and standards of behavior reasonably expected of a Facilitator.
4.2. The Client agrees to communicate honestly, be open to feedback and suggestions, and to fully engage with the Group and with the coaching process.
4.3. The Client acknowledges that preparing for the Ayahuasca Retreat is a comprehensive process that may explore different areas of the Client’s life,
including work, health and relationships, and that the process will involve adjustments to his or her lifestyle and diet. The Client agrees to incorporate
4.4. While the Facilitator and the Group will provide accountability, ultimately, the Client is solely responsible for implementing the changes
recommended during the Sessions.
4.5. The Client agrees to notify the Facilitator 24 hours in advance of any scheduled Session that the Client cannot attend.
5.1. The Deposit shall be payable by the Client to the Facilitator on acceptance of these Terms.
5.2. The remaining fee of €450 is payable to Ness Dalga in cash upon arrival at the Ayahuasca Retreat.
5.3. Should the Client elect to do any additional treatments such as Bufo or Kambo, additional fees of €130 and €80 shall be payable in cash to Ness
6.1. Either party may terminate these Terms at any time upon 7 days’ written notice to the other party using the address or email address provided.
Termination of the Agreement shall not affect any rights incurred prior to the date of the termination.
The Facilitator makes no guarantees, representations, or warranties of any kind or nature, expressed or implied with respect to the Services. In no event
shall the Facilitator be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur,
the Facilitator’s entire liability under these Terms, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the
Facilitator under these Terms for all coaching services rendered through and including the termination date. The Client agrees that the Facilitator is not
liable or responsible for any actions or inactions, or for any direct or indirect result of any Services provided by the Facilitator.
This coaching relationship, as well as all information (physical or verbal) that the Client shares with the Facilitator and the Group as part of this
relationship, is bound by strict principles of confidentiality. The Facilitator agrees not to disclose any information pertaining to the Client without the
Client’s written consent. Note that the Facilitator-Client relationship is not a relationship protected by legal confidentiality (like doctor-patient or
solicitor-client). As such, the Facilitator could be required to divulge otherwise confidential information to authorities.
- Data Protection
9.1. Definitions: In this Clause, the following terms shall have the following meanings:
9.2. controller”, “processor”, “data subject”, “personal data” and “processing” (and “process”) shall have the meanings given in the GDPR; and
9.3. Applicable Data Protection Law” means (i) the UK Data Protection Act 2018; (ii) Regulation 2016/679 of the European Parliament and of the
Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data
Protection Regulation) (the “GDPR”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iv) any and all applicable national data
protection laws made under or pursuant to (ii) or (iii), in each case as may be amended or superseded from time to time.
9.4. Relationship of the parties: In relation to all personal data provided to the Facilitator in respect of which the Client is a controller and the Facilitator
is not a controller, (the “Data”), the Client appoints the Facilitator as a processor.
9.5. Purpose limitation: the Facilitator shall process the Data as necessary to perform its obligations under the Agreement and in accordance with the
documented instructions of the Client (the “Permitted Purpose”), except where otherwise required by any EU (or any EU Member State) law
applicable to the Facilitator. The Facilitator shall not process the Data for its own purposes or those of any third party, provided that this shall not
prevent the Facilitator processing data as a controller in accordance with Applicable Data Protection Law. the Facilitator shall inform the Client if it
becomes aware that the Facilitator’s processing instructions infringe Applicable Data Protection Law (but without obligation to actively monitor the
Client’s compliance with Applicable Data Protection Law).
9.6. International transfers: the Facilitator shall not transfer the Data (nor permit the Data to be transferred) outside of the European Economic Area
(“EEA”) unless it takes such measures as are necessary to ensure the transfer is in compliance with Applicable Data Protection Law, in which
circumstances the Client hereby consents to such transfer. Such measures may include (without limitation) transferring the Data to a recipient in a
country that the European Commission has decided provides adequate protection for personal data; to a recipient that has achieved binding corporate
rules authorisation in accordance with Applicable Data Protection Law; to a recipient based in the United States of America that maintains a valid and
up-to-date EU-US Privacy Shield certification; or to a recipient that has executed standard contractual clauses adopted or approved by the European
9.7. Confidentiality of processing: the Facilitator shall ensure that any person that it authorises to process the Data (including the Facilitator’s staff, agents,
and subcontractors) (an “Authorised Person”) shall be subject to a strict duty of confidentiality (whether a contractual duty or a statutory duty), and
shall not permit any person to process the Data who is not under such a duty of confidentiality. The Facilitator shall ensure that all Authorised Persons
process the Data only as necessary for the Permitted Purpose.
9.8. Security: the Facilitator shall implement appropriate technical and organisational measures to protect the Data from: (i) accidental or unlawful
destruction; and (ii) loss, alteration, unauthorised disclosure of, or access to the Data (a “Security Incident”).
9.9. Subprocessing: the Facilitator shall not subcontract any processing of the Data to a third party subprocessor without the prior written consent of the
Client. If the Client refuses to consent to the Facilitator’s appointment of a third party subprocessor on reasonable grounds relating to the protection of
the Data, then either the Facilitator will not appoint the subprocessor or the Client may elect to suspend or terminate the Agreement.
9.10. Cooperation and data subjects’ rights: To the extent that information is not already available to the Client, the Facilitator shall provide reasonable
assistance to the Client to enable the Client to respond to: (i) any request from a data subject to exercise any of its rights under Applicable Data
Protection Law (including its rights of access, correction, objection, erasure and data portability, as applicable); and (ii) any other correspondence,
enquiry or complaint received from a data subject, regulator or other third party in connection with the processing of the Data. In the event that any
such request, correspondence, enquiry or complaint is made directly to the Facilitator, the Facilitator shall promptly inform the Client providing full
details of the same.
9.11. Data Protection Impact Assessment: If requested by the Client, the Facilitator shall provide reasonable assistance to the Client in order to conduct a
data protection impact assessment in accordance with Applicable Data Protection Law.
9.12. Security incidents: Upon becoming aware of a Security Incident, the Facilitator shall inform the Client without undue delay and shall provide all such
information and cooperation as the Client may reasonably require in order for the Client to fulfil its data breach reporting obligations under (and in
accordance with the timescales required by) Applicable Data Protection Law.
9.13. Deletion or return of Data: Upon termination or expiry of the Agreement, but subject to Clause 12, the Facilitator shall return all Data (including all
copies of the Data) in its possession or control (including any Data subcontracted to a third party for processing). This requirement shall not apply to
the extent that the Facilitator is required by any EU (or any EU Member State) law to retain some or all of the Data, in which event the Facilitator
shall use all reasonable endeavours to isolate and protect the Data from any further processing except to the extent required by such law until deletion
- Force Majeure
If either party is prevented or hindered from performing any of its obligations under these Terms by reason of Force Majeure, that party (the “Claiming
Party”) shall as soon as reasonably possible serve notice in writing on the other party specifying the nature and extent of the circumstances giving rise
to Force Majeure. Subject to the Claiming Party serving notice in accordance with this clause, the Claiming Party shall have no liability in respect of
any delay in performance or any non-performance of any such obligation (and the time for performance shall be extended accordingly) to the extent
that the delay or non-performance is due to Force Majeure.
- Illegality and Severance
If any provision of these Terms is declared by any competent court or body to be illegal, invalid or unenforceable under the law of any jurisdiction, or if
any enactment is passed that renders any provision of these Terms illegal, invalid or unenforceable under the law of any jurisdiction this shall not affect
or impair the legality, validity or enforceability of the remaining provisions of these Terms.
Any notice to be given under these Terms must be by email. Notices to the Client shall be sent to the email provided to the Facilitator and notices to
the Facilitator shall be sent to firstname.lastname@example.org or to such other place or email as the relevant party shall have notified to the other
under this Clause. Any notice to be given shall be deemed effective when actually received.
- Third Party Rights
Except as expressly provided to the contrary in these Terms, a person who is not a party has no right under the Contracts (Rights of Third Parties) Act
1999 to enforce or to enjoy the benefit of any term of these Terms.
- Entire Agreement
This document reflects the entire agreement between the Facilitator and the Client and reflects a complete understanding of the Parties with respect to
the subject matter. these Terms supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented
except in writing signed by both the Facilitator and the Client.
- Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual
disputes or claims) is governed by and shall be construed in accordance with the laws of England and Wales. The parties submit to the exclusive
jurisdiction of the English courts for all purposes relating to and in connection with these Terms and any such dispute or claim.