1 General

The subject of these terms and conditions are all offers and services of the sole proprietorship operated by Santiago Orea Caro and Julia Binder at Entrada de Tinyòs 4, 46409 El Brosquil (Cullera), hereinafter referred to as Heartful Motion. By using an offer or service or by concluding a membership contract, the user accepts these terms and conditions in all points without reservation. Deviations from these GTC must be agreed in writing.

 

The contracts concluded are service contracts, unless expressly agreed otherwise. The object of the contract is therefore the provision of the agreed services, not the achievement of a specific result. In particular, Heartful Motion does not owe a specific economic result, but supports the preparation of decisions of the Customer by providing opinions and recommendations.

On the basis of the GTC, the current program overview and the data and information provided by the Customer, Heartful Motion offers the organization and implementation of yoga and meditation lessons in the context of group (retreat) sessions - both online and in person, as well systemic constellations, breathwork, inside dance sessions, coaching services and group courses. The client is responsible for the factual accuracy and completeness of the data and information provided. 

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2 Right of Use

With the booking of a retreat offer, purchase of a course or content access, the customer is entitled to use the Heartful Motion premises and the facilities serving their operation as well as the online offer (Zoom Stream) at the specified course times in compliance with the house rules. The right of use is not transferable.

 

The services of Heartful Motion are generally open to all interested parties. However, there is no legal entitlement to the use of services. If special personal conditions are required for a particular service, these must be fulfilled by the customer. Heartful Motion reserves the right to reject interested parties prior to the provision of the service without giving reasons or to terminate the contractual relationship subsequently due to non-fulfillment of participation requirements.

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3 Conditions

The following conditions apply to the services offered by Heartful Motion.

 

3.1 Conditions for Yoga Classes

The following conditions apply to all yoga classes conducted by Heartful Motion.

3.1.1 Prerequisites

 

By registering, clients declare that they are physically healthy and mentally stable and that they are able to cope with the relevant physical and mental demands. The services offered are not intended as a therapy or healing program. They are in no way a substitute for medical care or the prescription of medication. In case of doubt, medical advice should be sought.

 

3.1.2 State of Health & Exclusion of Liability of Customers

Clients acknowledge the following information and training conditions in a legally binding manner.

Before the yoga session, clients must inform the teaching staff of any injuries or operations they have had in recent years or any chronic or acute health problems (especially spinal problems) so that these can be taken into account during the class. Pregnancy must also be announced before the start of each lesson.
Clients confirm that they do not suffer from any infectious diseases and that there are no medical indications preventing them from practicing yoga. 
Customers confirm that they have undergone a medical check-up within the last six months before the start of the yoga class, which has shown that there are no medical or health concerns about the intended yoga training or the exercises provided.
The customer acknowledges that all exercises performed in the context of the yoga classes are always performed at the customer's own risk and therefore no liability whatsoever is assumed for any injuries or adverse health consequences.

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Customers expressly undertake to inform the teacher immediately of any health impairments occurring during the training and to document them in writing so that the training can be changed appropriately and in good time in this case. In the event of non-compliance with this obligation, any liability on the part of Heartful Motion and the teaching staff is also excluded.

 

3.1.3 Arrival Before Yoga and Group Sessions

Heartful Motion opens at least 10 minutes before the session and closes punctually at the start of each yoga and group session so that the session can proceed undisturbed. We therefore ask you to arrive five minutes before any class starts. Late arrivals are not entitled to participate in

a session that is already in progress.

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3.1.4 Obligation to Participate, Exclusion From Yoga and Group Sessions

Clients are expected to attend the respective yoga classes regularly and constructively. Absences are without exception the responsibility of the customer and do not justify any claim for reimbursement of participation fees.

Customers must follow the instructions of the Heartful Motion staff and observe the house rules of the Heartful Motion premises. The customer must always behave on the studio premises in such a way that the course of the lessons/workshops is not disrupted, the studio equipment is treated with care and there is no interference with other participants. During a lesson (online and onsite), absolute silence must be maintained and any disturbance, especially from technical equipment, must be avoided. 

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Heartful Motion reserves the right to exclude customers from participating in the course in special cases, e.g. due to persistent disturbance, threats, insults, sexual harassment, theft, lack of hygiene, etc. In this case, no refund of participation fees will be made. Any damage for which the customer is responsible must be compensated by the customer concerned. In order to avoid conflicts among the participants and to preserve the peace and orderly, undisturbed course of events, Heartful Motion is also granted the right to refuse to provide (further) services without giving reasons. In this case, any packages or similar that have not yet been consumed shall be refunded (aliquot).

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3.1.5 Cancellation Policy

By making a reservation with Heartful Motion, the customer expressly accepts that payments made are non-refundable. In case of cancellation due to force majeure, Heartful Motion will proceed to reschedule the dates of the retreat, course participation or a coaching session at any other time possible, both respecting our availability and the one of the client.
If the retreat, course participation or a coaching session is cancelled a second time, the right to attend the retreat, course or coaching session will be definitively forfeited.
 

3.2 Conditions for Coaching Services and Courses

The following conditions apply to all types of counseling/ coaching services and courses offered by Heartful Motion.

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3.2.1 Prerequisites

By registering, the client declares that he/she is physically and mentally stable and able to cope with the relevant mental demands. The coaching and exercises offered in the course frameworks are not psychotherapy and cannot replace it.

 

3.2.2 Health Condition & Disclaimer of the Client

Each client bears full responsibility for him/herself and his/her actions inside and outside the coaching and course sessions and is liable for any damage caused. 

 

3.2.3 Offer and Fee

The Heartful Motion offers are subject to change without notice. All fees are given  in euros.

For coaching and course services, the fees published on the website and/or specified in the coaching agreement will be charged. If the coaching or course takes place outside the province of Valencia, reasonable travel and accommodation costs will be charged in addition.

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3.2.4 Registration and Deregistration 

Registration for all sessions takes place exclusively online - via our website, e-mail or a booking platform - and must be completed at least 48 hours before the start of the session. Registrations will be considered in the order in which they are received. If a session is already full, it is possible to be placed on a waiting list by sending an email request to office@heartfulmotion.com. If a booking is canceled, the next customer on the waiting list will be informed. 

Reservations that are canceled less than 24 hours before the start of the coaching / seminar unit will be charged in full; an appointment cancellation up to 48 hours before the start of the program will result in a refund of the full price.

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3.2.5 Obligation to Participate, Exclusion From Units

Clients are required to participate regularly and constructively in the respective coaching and course units. Absences are without exception the responsibility of the client and do not justify any claim for reimbursement of participation fees.

Customers must follow the instructions of the Heartful Motion staff and observe the Heartful Motion house rules. The customer must always behave on the premises in such a way that the course of the sessions/courses is not disturbed, the equipment is treated with care and there is no interference with other participants.

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Heartful Motion reserves the right to exclude customers from participating in a course in special cases, e.g. due to persistent disturbance, threats, insults, sexual harassment, theft, lack of hygiene, etc. In this case, no refund of participation fees will be made. Any damage for which the customer is responsible must be compensated by the customer concerned. In order to avoid conflicts among the participants and to preserve the peace and orderly, undisturbed course of events, Heartful Motion is also granted the right to refuse to provide (further) services without giving reasons. In this case, any packages or similar that have not yet been consumed shall be refunded (aliquot).

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3.2.6 Cancellation, Termination, Changes

Heartful Motion reserves the right to postpone, interrupt or cancel a coaching or course session or an entire course at short notice for good cause. 

The realization of a course depends, among other things, on a certain minimum number of participants (pre-recorded: no minimum number, live: six people). If this minimum number is not reached, Heartful Motion reserves the right to cancel course units at short notice.

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4 Terms of Payment, Price Changes, Discounts

Unless otherwise agreed, the full fee is due 7 days before the start of use of an offer, but at the latest one day before its start. The current prices for courses can be found on the website (www.heartfulmotion.com), the respective booking platforms Heartful Motion uses and on request. When prices are updated, the old price list automatically loses its validity. In the case of discounted offers (e.g. early bird), the granting or continuation of the granting of this discount may be made dependent on the presentation of valid proof. If no valid proof is presented, Heartful Motion shall be entitled to charge the regular price or the surcharge on top of the regular price instead of the reduced price.

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Default of payment occurs if claims are not settled within a set period of 7 days. Any processing fees and court reminder fees shall be borne in full by the Customer. In the event of late payment, Heartful Motion shall be entitled to withdraw from the contract.

All services are to be paid for in cash on site, by bank transfer or by online payment via the booking system.

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5 Contract Terms

The respective term is binding. Paid but unused or only partially used units expire without exception at the end of their validity date. There is no entitlement to a refund. The individual price packages are not transferable to other persons.

 

Contracts are only concluded with persons of legal age. Minors are represented by their parents.

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6 Liability

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6.1 Yoga Offer

Participation in the yoga and group sessions is at your own risk. Claims for damages are excluded to the extent permitted by law. Heartful Motion accepts no liability for lost property, damage to health or accidents of any kind during and after a yoga or group session towards customers and third parties. 

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Proven qualified yoga teachers carry out the individual services professionally and conscientiously in accordance with the principles of proper execution and endeavor to ensure the accuracy and completeness of the content and the data and information provided as part of their services. However, no guarantee can be given for the topicality, correctness, completeness or quality of the information provided. Liability claims against Heartful Motion relating to material or non-material damage caused by the use or non-use of the information provided are fundamentally excluded, unless there is evidence of willful intent or gross negligence on the part of Heartful Motion.

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6.2 Coaching & Course Offer

The information and advice in coaching sessions and courses as well as in all documentation has been carefully considered and checked by the coach/trainer. The activity of Heartful Motion is purely a service activity. Success is therefore not owed. Liability is excluded. The dispatch or electronic transmission of any data is at the risk of the client.

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In the event of a defective service, Heartful Motion is entitled to rectify the defect. If the rectification fails twice, the client is entitled to the statutory rights.

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7 Data Protection Regulations

Personal and company-related customer data is collected, stored and processed in accordance with the GDPR (General Data Protection Regulation). Further information can be found in the data protection section. Confidential information of customers that becomes known in the course of participation in yoga and group classes as well as courses and coaching units will be treated in strict confidence.

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8 Declaration of Consent

By ticking the box in the course of an online booking, the customer confirms that he/she has read the General Terms and Conditions of Heartful Motion.

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9 Miscellaneous

Ancillary agreements do not exist. Changes must be made in writing. This also applies to the written form clause. Should individual clauses of this contract be invalid in whole or in part, this shall not affect the validity of the remaining clauses; the contract shall remain valid in principle, whereby the invalid clause shall be replaced by a clause that comes closest to the purpose of the invalid clause. Spanish law shall apply. Place of jurisdiction is the competent court in Valencia. As of June 2024.