Terms & Conditions
The terms and conditions and agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scottish law. You irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
You are responsible for knowledge of the terms and conditions which are also made aware to you and you accept at the point of purchasing, booking, or attending any service.
All information on this website and in its courses and programs hosted elsewhere including on samcart.com and the policies contained within it are subject to being updated without notice. If you are using services and this website provided by Samantha Holland you are advised to check the website regularly. By using this site and/or Samantha Holland’s Services you agree to do this regularly of your own accord.
Medical Disclaimer
Any information or guidance provided on this site and in the SoMA Program is not a substitute for the consultation, diagnosis, and/or medical treatment of your medical doctor or other healthcare provider. You must not rely on any information or guidance we provide you with as an alternative to medical advice from your medical doctor or other healthcare provide and we expressly disclaim all responsibility,and shall have no liability for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with. You must not delay seeking medical advice, disregard medical advice or discontinue medical treatment or directives because of information or guidance we provide you with.
Your specific questions or concerns about any medical matter, should you have any, should be addressed to your medical doctor or healthcare provider as soon as possible. In particular, if you think you may be suffering from any medical condition, you should seek immediate medical attention from your healthcare provider.
Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.
Disclaimer: Working with Pre-recorded Content
As with all fitness and movement classes and programs, when using any exercise video that is not livestreamed you need to use your common sense. To reduce and avoid injury, you should check with your doctor before beginning any suchprogram. By performing any movement and awareness exercises without supervision, you are performing them at your own risk.
Samantha Holland and the SOMA Program will not be responsible or liable for any injury or harm you sustain as a result of this movement program, online movement video or information shared on our website or social media. This includes emails, videos, and text.
Your Safety in Livestreaming, In-person, and in Replay.
Your health and safety is paramount, for that reason the following terms and conditions apply without exception.
It is your responsibility to ensure
There is sufficient space to perform the exercises safely and move freely without obstacles or obstructions, free from furniture, equipment and other hazards: for example hot drinks, pets, etc. There should be available a minimum four square metres per person.
Any equipment is safe and in a suitable condition for the activity being performed. The surrounding floor space is entirely clear to remove any hazards that may increase the risk of slips, trips or falls. It is advised you have bare feet for this reason.
There are no distractions throughout the duration of the session: in particular, you should please remove pets, small children, and other distractions away from the area.
There is sufficient heating, lighting, ventilation and hydration.
You work within you own limits, stop and rest when needed, and work with movements and exercises within your abilities and do not do more than you are capable of.
You work with your camera on when attending a live online class. (Livestreaming services are not offered to you if you are not prepared to switch on your camera so Samantha Holland can see you in live classes/clinical sessions at all times. Failure to do this will result in loss of the lesson with no compensation and removal from the livestream.
By entering the SoMA Program and any recorded or live class you are agreeing that you are fit and healthy and able to work at the level of the class you are taking part in. If you are experiencing pain then you should not take part in the session.
If you have any medical conditions, injuries or other conditions which may affect your participation in the proposed exercise or somatic activity you must gain consent from their GP or other medical professional prior to participation.
You are responsible for your own body. Your ability to perform movements and exercises may vary from session to session depending on your wellbeing, fitness, tiredness, and stress levels. You should inform Samantha Holland of any changes in your health or physical state. Perform exercises and movements at a pace that feels comfortable for you. Do not ignore it if you feel pain, and do not ignore this warning to cease or lessen movement.
Please listen to and follow the guidance Samantha Holland offers you and apply it. If you choose to not follow the instructions or ignore the instructions then Samantha Holland is not liable for the outcome as you may be placing your body into a position or state that is not appropriate for you. If you continually choose to ignore guidance provided, Samantha Holland may withhold services from you with immediate effect.
If you are currently seeing a GP, physiotherapist, Consultant, psychiatrist, psychotherapist, or any other medical professional for physical or mental health issues it is your responsibility to gain clearance from them for you to exercise and/or participate in somatic movement activities. It is also your responsibility to know what your condition is so that you can accurately convey this to me when appropriate.
If there is any change in your health such as an illness, accident or injury, possible pregnancy or you are placed on medication please ask your healthcare provider if you are able to continue with your sessions. You must let me know of any changes, no matter if you feel that they are not relevant as it is highly likely that you may need an adaptation in some way or parts of the scheduling may no longer be appropriate for you. It may be necessary to seek further advice from your medical professional before lessons can resume.
Clients with low/high blood pressure and/or cardiac irregularities should consult their GP prior to attending class and seek their guidance.
Clinical Somatic Education is non-competitive. Please work within a level of comfort. Other people in class may be able to do things you would like to be able to do, but that does not mean that is the right level for you. Apply the knowledge and guidance you have received about your own body, conditions, and/or injuries.
Samantha Holland reserves the right to ask you to stop during as session if concerned for your welfare, her welfare or the welfare of other participants in class.
Classes are a place of safety for all, and Samantha Holland hereby reserves the right to forbid any client access to her online services if they behave in a way that makes myself or others feel uncomfortable or threatened. She accordingly reserves the right to her absolute discretion to refuse access to the SoMA Program classes or livestreams to any person or entity and shall not be obliged to state her reasons for such refusal.
Clients who are under the age of 18 are not allowed access to the SoMA Program.
Samantha Holland Shall Provide the Services with Due Care, Skill and Abilit
Other than as set out above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of movement and sensory awareness exercises and capabilities, the differing speeds at which human somas respond to somatic (and other) practices, and the different levels of commitment and engagement, Samantha does not guarantee any particular results.
Class Terms: Good Class Etiquette in Livestream Classes and Events
Out of consideration to the instructor and others in the class, please arrive so that the class can start on time and you are able to participate in the warm up, which is an important part of the class. If you arrive more than 5 minutes late for the class, you may not be able to join in.
In livestream make sure you are in the waiting room five (5) minutes before published start time. vLivestreamed classes have moments where the class can chat and moments where the class is muted. This is for health and safety reasons. If you need to ask a question you can do so at various points in the lesson. You must have your mute button on at all other times.
Always bring water to keep yourself hydrated during class and after.
If you have to carry emergency medication for asthma, allergies or any reason please ensure you have it readily available at every session.
Wear clothes that are comfortable for you to move in. Wearing layers to class is a good idea as you will be able to respond to your own body’s needs during and after the session.
Make sure you wear bare feet or gripper socks when doing classes and lessons. Grippers prevent slips and falls and are seriously recommended for any clients with low bone density and clients with balance issues as they also develop proprioception skills.
In Samantha Holland’s experience, practising somatic movement has a multitude of beneficial effects; however, it is not a substute for psychological therapy and may not be suitable for everyone.
Always seek the advice of your GP if you are experiencing physical or mental health difficulties and discuss with a qualified mental health professional before making any changes to existing psychological treatment.
Participating in relaxation classes is not recommended for persons experiencing active post-traumatic stress disorder (PTSD) or major trauma. Do not undertake any relaxation content if this applies to you (unless your mental health care provider has discussed this with you and deemed it acceptable).
Never participate in relaxation and sensing exercises whilst driving or operating machinery.
Samantha Holland reserves the right to discontinue or alter any or all of her website services (including the SoMA Program), and to stop publishing her website, at any time at her sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if she stops publishing the website.
In participating in my online classes, workshops or programmes, you are participating as yourself, and are not using the session to claim the knowledge or rights to teach these systems to any other person. My classes are not teacher training, nor do they entitle you to hold yourself out as trained in Clinical Somatic Education, Essential Somatics®, or similar. For that, you need to undergo professional training, supervision and examination.
Samantha Holland is the owner or the licensee of all Intellectual Property Rights and all other rights in the classes, lessons, materials and content that she uses within the classes and lessons, and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.
You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the SoMA Program or on my website or otherwise.
You may not without my prior written consent make any audio or visual recordings of all or any part of any classes or lessons with me or provided by me.
I may make audio or visual recordings of all or any part of the livestreamed classes and discussions.
Within the SoMA Program recorded live classes you waive any rights now or in the future to an appearance fee.
Refund & Cancellation Policy
Thi policy supplements the 30-Day Do-the-Work Guarantee on the SoMA Program sales page.
Refund requests made more than two (2) weeks after the date of the sale will not be allowed other than in line with the 30-Day Do-the-Work Guarantee on the SoMA Program sales page.
There is a 24-hour cancellation policy on private lessons. Cancellations made after this time will be fully charged.
Private lessons last for a maximum of 90 minutes. You are responsible for attending your session on time. By Samantha Holland’s discretion she may allow a slight overrun if you are late or she may choose to end the session at the scheduled time.
Understandably, sometimes you might have to cancel. Cancellations may be made via email. The 24 hour rule applies. Samantha Holland does not implement the cancellation policy on a case-by-case basis.
Samantha Holland may cancel a class, lesson or other live event by providing notice to you and if she does, will re-schedule the Session t the earliest mutually convenient time.
If you contact Samantha Holland between scheduled lessons, then she may at my discretion provide a brief response to you free of charge. If however she considers that more time is needed to deal appropriately with your communication then she may either: advise you to arrange an additional lesson; or inform you of the time she would need to spend in responding to you and the fee which would be payable by you for such a response. Samantha will obtain your approval to such fee before incurring any fees.
Partially used packages are non-refundable.
Clients cannot split or share packages.
SoMA Program memberships cannot be transferred to or shared with another client.
Clients cannot attend classes if booked under a different name (including family members or other members of the household). A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Workshops are for that workshop on the date published with no exceptions.
You are responsible for your technology and wifi connection. Samantha Holland takes no responsibility for you missing sessions or part of the sessions due to a technology issue from your side.
If I have to cancel any class both group or 1-2-1, for any reason, I will do my best to give you advance notice and I will try my best to find a mutually convenient time to resume the session. It is your responsibility to make sure I have the best way to contact you to notify you of cancellations.
I reserve the right to alter the schedule without warning. It is your responsibility to keep your contact details up to date and check my social media as I also will post messages there.
General
By taking part in sessions you warrant that:
You are legally capable of entering into binding contracts; that you are at least 18 years old; and that all information you provide us with is materially true and accurate at all times and not misleading in any wa
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms at any time.
All notices sent by you to the SoMA Program must be sent to Samantha Holland at samantha@peelingtheonion.co.uk. I may give notice to you at either the email or postal address you provide to me in writing. Notice will be deemed received and properly served 24 hours after an email is sent or two days after the date of posting of a pre-paid first class, recorded delivery or registered letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the first class, recorded delivery or registered post and, in the case of an email, that the email was sent to the specified email address of the addressee.
If any court (or other relevant authority) decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Samantha Holland may vary these Terms (other than the price payable by you for the SoMA Program) as she sees fit from time to time and if she does, shall notify you by email of the change of terms. Your continuation with the Program will be deemed to be your acceptance of any new Terms.
You accept that communication with me will be mainly electronic and will take place during the office hours listed on the website. I will contact you by email or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These Terms and any dispute or claim arising out of or in connection with it shall be governed by Scottish law and you and we both agree to the exclusive jurisdiction of the Scottish courts.
Terms of Engagement
You are engaging me as a Clinical Somatic Educator and/or Essential Somatics® Movement Teacher to provide services on the terms of this agreement.
This contract between us will commence on the date you have paid for your SoMA Program registration and/or individual Services and this agreement will continue either until all of the Services have been performed or unless and until terminated by either of us giving notice to the other in writing.
Lessons including private lessons will last for a maximum of the time stated at booking and will take place over Zoom including for group classes and programs.
Status
The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.
You acknowledge that your personal data will be processed by and on behalf of me as part of me providing you with the Services. You accept that some of the data will be processed out of the United Kingdom. I will use and process your personal data in accordance with my Privacy Policy you can view at www.peelingtheonion.co.uk
Limitation on Liability
Nothing in this Agreement shall limit my liability for death or personal injury caused by Samantha Holland’s negligence or fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
Samantha Holland shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.
Samantha Holland’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the SoMA Program and/or any private lessons.
Samantha Holland shall not be liable for additional costs incurred by you as a result of changes in (i) the SoMA Program/PLUS, (ii) any of the program materials, (iii) the location of venues if not online, (iv) the time and date of sessions or (v) trainers, instructors or coaches.
If Samantha Holland is prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, she shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
The provisions of this clause shall survive termination of this agreement.
Force majeure
I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.
Entire Agreement
You acknowledge and agree that this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent).
