Terms & Conditions

WEBSITE

Please read these terms and conditions ("terms and conditions", "terms") carefully before using www.anatootle.com website (“website”, "service") operated by ANA TOOTLE ("us", 'we", "our").

CONDITIONS OF USE

By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the website accordingly. ANA TOOTLE only grants use and access of this website, its products, and its services to those who have accepted its terms.

AGE RESTRICTION

You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. ANA TOOTLE assumes no responsibility for liabilities related to age misrepresentation.

INTELLECTUAL PROPERTY

You agree that all materials, products, and services provided on this website are the property of ANA TOOTLE, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the ANA TOOTLE’s intellectual property in any way, including electronic, digital, or new trademark registrations.

You grant ANA TOOTLE a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.

APPLICABLE LAW

By using this website, you agree that the laws of the [your location], without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between ANA TOOTLE and you, or its business partners and associates.

DISPUTES

Any dispute related in any way to your use of this website or to products you purchase from us shall be arbitrated by state or federal court [your location] and you consent to exclusive jurisdiction and venue of such courts.

INDEMNIFICATION

You agree to indemnify ANA TOOTLE and its affiliates and hold ANA TOOTLE harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel. 

LIMITATION ON LIABILITY

ANA TOOTLE is not liable for any damages that may occur to you as a result of your misuse of our website.

ANA TOOTLE reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between ANA TOOTLE and the user, and this supersedes and replaces all prior agreements regarding the use of this website.

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RETREAT

By purchasing from ANA TOOTLE you agree to all of the terms and conditions stated below.
 

By proceeding to purchase any of the ANA TOOTLE retreats, classes, or any service(s), you (the “participant”) acknowledge and agree to be bound by the following Terms and Conditions. The Terms and Conditions may be updated at any time, after providing notice to you. The participant agrees to be bound by any future amendments made to the Terms and Conditions. The participant can review the most current version of the Terms and conditions at any time by accessing the “Terms and Conditions” link on the ANA TOOTLE website.
 

Referred to herein as “Participant”. Jointly referred to as “parties” or individually as “party.” WHEREAS, ANA TOOTLE offers gratitude retreats with a purpose and Participant wishes to purchase such retreat.
 

NOW, THEREFORE, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
 

1. SERVICES. ANA TOOTLE shall provide Participant with accommodations in the yoga retreat (“the Retreat”). During the Retreat, ANA TOOTLE will provide Participant daily gratitude session(s), Breathwork, room (personal or shared), all meals listed, and all other activities listed within the retreat guidelines.
 

2. TERM. The term of this agreement commences upon purchasing the retreat and expires at the end of the final day of the Retreat, unless terminated earlier by either party.
 

3. PAYMENT. The total cost of the Retreat must be paid in full prior to the retreat as set forth below. Failure to make the payments as set forth below will result in automatic breach of this Agreement by Participant and all payments made by Participant will be forfeited by Participant.
 

a. Non-Refundable Deposit (a third of the total room cost) is due at time of execution of this Agreement. This deposit reserves your spot in the retreat and it is non-refundable.
 

b. Balance is due 60 days prior to the start of the Retreat.If your full payment is not made **___________**
 

4. CANCELLATIONS. ANA TOOTLE reserves the right to make any changes deemed necessary, including Retreat cancellation as per ANA TOOTLE Terms and Conditions. All requests for cancellation by Participant must be submitted in writing, via email at the following email address: **__________***

a. The Participant shall forfeit the Non-Refundable Deposit (a third of the total cost stated when booking) and Administration Fee of **$___** upon cancellation of this Agreement regardless of the time of cancellation or the reason for the cancellation. There will be no exceptions, including, but not limited to, travel restrictions, quarantines, medical emergencies, lock downs, weather restrictions, illnesses, Covid-19, travel changes, border closings. The Non-Refundable Deposit and Administration Fee are non-transferable and cannot be applied to a different retreat.

b. Cancellation Notice Received up to and including 61 Days Prior to Start Date of Retreat: In the event that the Participant cancels this Agreement up to and including 61 days prior to the start date of the Retreat, Payments are eligible (but not guaranteed) for refunds, with the exception of the all nonrefundable deposits plus £200 administrative fee.

c. Cancellation Notice Received Less than 60 Days Prior to Start Date of Retreat. Participant will not be entitled to any refunds whatsoever if Participant cancels this Agreement less than 60 days prior to the start date of the Retreat.

5. COVID-19 DELIVERABLES BY PARTICIPANT. Participant shall provide a negative Covid-19 test within 48-72 hours from the Retreat start date from the country where the Retreat is being held, even after the Participant’s flight in, if traveling from another country. Participant will be banned from joining and participating in the Retreat without proof of a negative Covid-19 test. Failure to provide such negative testing results will result in forfeiture of all payments made by Participant. The COVID-19 test can be done by either PCR, ANTIGEN or at home LATERAL FLOW kits.
 

6. THIRD PARTY VENDORS. Third party vendors may be contracted to provide lodging, transportation, catering, meals, and/or other services. Participant understands and acknowledges ANA TOOTLE is not responsible for the actions or negligence of such third party vendors. Any claim Participant may have against third party vendors shall be initiated against the third party and not ANA TOOTLE.
 

7. SEVERABILITY. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
 

8. NO WAIVER. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
 

9. GOVERNING LAW. All terms of these Terms and Agreements shall be governed by, construed, and enforced in accordance with the laws of Scotland, without regard to conflicts of laws provisions. The parties hereby submit to the sole and exclusive jurisdiction of Scotland in any action, suit or proceeding arising out of or relating to ANA TOOTLE.
 

10. DAMAGE TO PROPERTY. In the event that the participant damages the property and/or the possessions and items within the property, the participant must pay for the damage costs. ANA TOOTLE is not responsible for the damage made to or within the property by such participant and therefore will not pay for the damage. The participant must pay damage costs to the property owner directly.
 

11. FULL ROOM BOOKING. If the participant has booked a full room option (double / triple occupancy), the participant has full responsibility to fill the room to the bed capacity stated. There will be no refund issued or discounts granted if one, two or three participants from the room is/are no longer able to attend for any reason whatsoever. Please refer to section 4 for cancelation policy.
 

12. RIGHT TO REFUSE SERVICE. ANA TOOTLE reserves the right to accept, decline, or retain any person as a participant at the Retreat at any time without liability and without any obligation to pay a refund or any other amount whatsoever. In maintaining the purpose and objective of the gratitude Retreat, ANA TOOTLE may decline Participant from taking part of the Retreat if Participant displays violent behavior, including, but not limited to language and/or actions. ANA TOOTLE is not responsible or liable for any participant who leaves the Retreat prior to its conclusion or for any activity undertaken by the Participant that is not part of the Retreat.
 

13. NO WARRANTIES. ANA TOOTLE makes no warranties or representations, stated or implied, regarding any aspect of the Retreat. In particular, there is no guarantee, stated or implied, regarding:

a. The number of participants or the age of participants taking the Retreat;

b. The amount of time that ANA TOOTLE, or other volunteers, will be personally leading the Retreat;

c. The time spent at any given location on the Retreat;

d. Photos taken and/or posted on ANA TOOTLE website and social media channels or visiting any specific sites shown on photos on ANA TOOTLE website and social media channels.
 

e. The quality of workouts, skill sessions, or other subjective experiences on the Retreat; or
 

f. Any other aspect of the Retreat.
 

14. INSURANCE. Participant is strongly advised to obtain travel, medical, accident, cancellation, and baggage insurance independently, especially if traveling from abroad. ANA TOOTLE will not provide Participant with any insurance aforementioned and it is the sole responsibility of Participant to obtain.
 

15. ALLERGY DISCLAIMER. ANA TOOTLE contracts third party vendors to provide catering and meals and room and board to Participant, as such, ANA TOOTLE does not guarantee an allergen-free environment. Participant is aware that Participant will be exposed to food, activities, tangibles, and persons which may result in exposure to allergens and Participant acknowledges assumption of the risk. Participant shall be fully responsible for any medical costs or expenses related to allergic reactions, food sickness, food poisoning or any other related conditions.
 

16. ROOMS AND ACCOMMODATIONS. ANA TOOTLE provides rooms/accommodations to Participant to provide a full experience retreat. Such accommodations include villas, cottages, resorts, rooms, and others, as may be available in the locality of the retreat. Such housing, lodgings, rooms, or accommodations are not owned by ANA TOOTLE and ANA TOOTLE is not responsible for providing security to Participants. ANA TOOTLE is not responsible for any theft, damage, injury, loss, acts of terrorism, or the like, to Participant. Moreover, Participant expressly waives any right (whether in contract, tort, or both), to hold ANA TOOTLE liable for any of the aforementioned acts. Participant shall exercise ordinary care in safeguarding any personal belongings or possessions. Participant acknowledges Participant is entirely responsible for his/her personal safety, health, and well-being during the Retreat.
 

17. PERSONAL EXPENSES. Participant shall be responsible for personal excursions, personal expenses, souvenirs, and anything else which is not expressly included in the Retreat by ANA TOOTLE.
 

18. CANCELLATION DUE TO TRAVEL CONDITIONS. ANA TOOTLE is not responsible or liable for any cancellations due to weather or travel conditions, including, but not limited to the following:
 

a. Any changes or delays in air schedules, missed airline or other carrier connections, or other services, local transportation, missed flights, missed or cancelled bus's or trains, cancelled flights;
 

b. Injury, loss, illness or damage to persons or property, including luggage and sponsored gift items;
 

c. Additional expenses resulting from changes in exchange rates, tariffs, visas, vaccinations or schedule change;
 

d. Defect in any vehicle or the act or default of any company or person engaged in conveying the Retreat Participants, or in carrying out the arrangements of the Retreat, or otherwise;
 

e. Additional expenses incurred or due to including but not limited to: sudden sickness, weather conditions, strikes, or other causes or acts of God; or losses due to cancellations.
 

19. PUBLICATION RELEASE. Participant may be photographed, audio-recorded and/or video-recorded during the Retreat. ANA TOOTLE reserves the right to publish any such photographs, audio recordings, and video recordings without obtaining further consent from any participant.
 

Participant authorises ANA TOOTLE to use such recordings or images by ANA TOOTLE in the course of business, for any lawful purpose, including for use on ANA TOOTLE website, social media channels, marketing materials, media publications, online and print advertising. Including but not limited to; website www.anatootle.com AND social medial channels @anatootle. Participant releases ANA TOOTLE and its representatives from any liability in connection with any such use of such photographs, audio recordings, and video recordings.
 

20. NO MEDICAL TREATMENT. Participant understands and acknowledges that the Retreat is in no way psychotherapeutic or medical in nature. The Retreat is not involved with the treatment of disease, illness, or condition of any kind and does not, in any way, substitute for medical diagnosis or treatment. ANA TOOTLE does not, or any of its volunteers, agents, assigns, officers, or employees treat, prescribe, or diagnose any illness, disease, condition, or any other physical or mental disorder. Any personal advice or answers provided during the Retreat are for entertainment purposes only.
 

OFFICERS, AGENTS, VOLUNTEERS, AFFILIATES, AND EMPLOYEES.
Participant further agrees to indemnify and hold ANA TOOTLE, its officers, agents, volunteers, affiliates, and employees harmless from any loss, damage, judgment, liability, or expense (including legal fees) suffered by or rendered against ANA TOOTLE as a result of anything arising out of this agreement.
 

Participant understands and acknowledges that there are inherent risks in physical training. Participant shall consult with a physician prior to participating in the retreat and obtain prior approval to participate. Participant releases ANA TOOTLE from any medical expenses, medical care, or medical needs related to any injury before, during, or after the retreat. This includes medical expenses or care for any COVID-19 related needs.
 

Participant is entirely responsible for their own personal safety, health, and mental, physical, emotional, and general well-being before, during, and after the retreat. Participant hereby releases ANA TOOTLE, its officers, agents, volunteers, affiliates, and employees from any liability for any injuries or damages, mentally or physically, that the participant or the participant's family members may suffer during or after the retreat.
 

LIABILITY WAIVER
Before participating in this or any other exercise program, individuals should consult with a physician. I, the undersigned, acknowledge that I am 16 years of age or over and have voluntarily chosen and requested to participate in the retreat, class, private, workshop, event, or activity with ANA TOOTLE and the yoga teacher Jessica Mackenzie and any other facilitator assisting or leading a class, private, workshop, event or activity at ANA TOOTLE.

 

ACKNOWLEDGMENT
I am aware that participation in the classes, privates, workshops, events, or activities may be hazardous. I acknowledge that a certain minimum level of physical health, strength, fitness, and flexibility will be required. I represent that I possess the level of health, strength, fitness, and flexibility necessary to participate in these activities. I am voluntarily participating in these activities with knowledge of the risks of injury. I assume all responsibility and liability for any and all injuries I may sustain due to my participation in these activities.

 

RELEASE
In consideration for being permitted to participate in the classes, privates, workshops, events, or activities, I agree that I, my heirs, assignees, guardians, and legal representatives will not make any claim against, sue, or attach the property of, any of the hosts, instructors, organizers, or participants in the classes, privates, workshops, events, or activities including but not limited to ANA TOOTLE, for injury or damage resulting from my participation in such classes, privates, workshops, events, or activities. I release all such hosts, instructors, organizers, and participants, their agents and heirs, from any and all actions, causes of action, lawsuits, claims, or demands that I, my assignees, heirs, guardians, and legal representatives now have or hereafter may have for any and all injury, illness, loss of life, loss of or damage to property associated with my participation in the classes, privates, workshops, events, or activities. I have carefully read this agreement and fully understand its contents. I am aware and agree that it is a complete release of liability for any injuries or damages I may sustain due to classes, privates, workshops, events, and activities with ANA TOOTLE and all such hosts, instructors, organizers, and participants.

 

PREGNANCY WAIVER (IF RELEVANT)
In addition to the above Release, I agree now and in the future if I become pregnant that by signing this Liability, I release and hold harmless ANA TOOTLE, and their supporting instructors, volunteers, childcare workers, and all other persons or entities acting for her, from any and all claims, demands, suits, cost and charges, in connection with or arising out of services offered by ANA TOOTLE, including but not limited to, personal injury, bodily harm, injury, and/or property damage. I agree I have been advised that ANA TOOTLE and supporting instructors, volunteers, childcare workers and all other persons or entities acting for her are not trained pregnancy or antenatal professionals, and attendance to non-pregnancy specific classes is not recommended. I agree the attendance of any non-pregnancy specific classes is against the recommendation of ANA TOOTLE and that I have consulted with a medical professional and they have advised attendance to heated or non-heated, non-pregnancy classes to be satisfactory.