INTERNATIONAL YOGA RETREAT AGREEMENT AND RELEASE OF LIABILITY
Please read this document carefully and in full. By completing your purchase below, you agree to be legally bound by this agreement and release of liability.
- EFFECTIVE DATE
This Agreement shall take effect immediately upon purchase. It shall remain in effect unless amended or revoked in writing as set forth herein.
- COST OF RETREAT
- The flat fees published on the retreat website (https://www.flightroomseattle.com/danyasa-costa-rica) include the following: six (7) nights of accommodation at the retreat; three (3) meals per day; transportation to and from the San Jose airport, daily Yoga classes and the activities outlined on the retreat webpage.
The flat fee set forth above does not include the following: anything not expressly listed above; airfare; costs associated with passports, visas, and customs; taxes; medical, travel, or trip cancellation insurance; medical examinations and testing required for travel; vaccinations; specialty beverages or alcohol; optional meals; personal expenses (e.g., shopping); spa services or tours/excursions outside of any scheduled group activities listed on the website.
- PAYMENT
Participants must either utilize a credit from the membership program or pay in full at the time of registration.
- TRAVEL TO DESTINATION COUNTRY
The studio does not arrange for Participant’s airline or other travel to Costa Rica. The studio bears no responsibility or liability for delay or cancellation of flights, trains, buses, or other forms of transportation. The retreat will provide round trip transportation to and from the San Jose airport and details about the timing of resort shuttles will be communicated at least several months in advance of the retreat.
- HEALTH AND FITNESS REQUIREMENTS
- Participant warrants that they satisfy all of the following health and fitness requirements: i. Participant must be in good physical and mental
health to attend the Retreat; ii. Participant must be willing and able to demonstrate a high level of mental and emotional stability and maturity during the Retreat and participate in the Retreat as a reliable, respectful, supportive, and positive student; and iii. Participant must not
have any criminal, caretaker, child welfare, or other similar background or history, no matter the jurisdiction or charge. b. Participant is advised to consult with a physician to ensure that they are in adequate health to safely participate in the Retreat. b. COVID-19 Precautions. Participant
shall present to Instructor a negative COVID-19 test taken no more than three (3) days before their arrival at the Retreat AND proof of
vaccination. Participant shall also be solely responsible for complying with all COVID-19 entry requirements of the Destination Country. Otherwise, Participant may be asked to leave the Retreat. While at the Retreat, Participant shall disclose to Instructor any known or suspected COVID-19 exposures they may learn of, and any COVID19 diagnosis of their own (or of anyone in their household), immediately upon learning such information. In addition, during the COVID-19 global public health emergency, while at the Retreat, Instructor and Participant will observe all COVID-19 precautions required by law of the Destination Country or by policy of the retreat center. As Participant does elsewhere in this Agreement, Participant assumes the risk of contracting COVID-19 during the Retreat and during the
travel to and from the Retreat, and holds Instructor harmless for any consequences or damages of contracting COVID-19. d. Instructor shall have the right, in their sole discretion, to accept or deny any applicant for participation in the Retreat, based on the health and fitness grounds set forth in this Paragraph. Instructor does not discriminate on the basis of race, color, creed, religion, age, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, pregnancy, marital or parental status, or any other category protected by law.
- CANCELLATION BY PARTICIPANT
Cancellations made more than 90 days before arrival will be able to transfer their payment to another Flight Room retreat. Cancellations fewer than 90 days prior to the retreat are not refundable for any reason.
- CANCELLATION AND CHANGES BY STUDIO
- The studio reserves the right to cancel the Retreat up to sixty (60) days prior to the start of the Retreat, if too few people have made
reservations. In such an event, Participant will be given a full refund of any and all payments made to the studio. b. Studio reserves the right
to make changes to any aspect of the Retreat, or to cancel the Retreat entirely, at any time due to conditions in the Destination Country, neighboring countries, or the world, including but not limited to acts of nature such as weather or other natural disaster, pandemic, and other “acts of god,” acts of war or terrorism, terrorist threat, civil unrest, riots, strikes, trade disputes, interruption of transportation, government or political actions or orders, change of law or regulation, suspension of civil rights, crime, a material change to the relevant U.S. State
Department Travel Warning or Advisory (which can be found at
https://travel.state.gov/content/travel/en/internationaltravel/International-Travel-Country-Informat...
<https://travel.state.gov/content/travel/en/internationaltravel/International-Travel-Country-Information-Pages.html>),
acts or omissions of a third party, or for any other reason whatsoever
outside the reasonable control of Instructor.
- TRAVEL INSURANCE
The studio strongly recommends that each Participant purchase individual travel and trip cancellation insurance in advance of the Retreat. In
particular, due to the inherently risky nature of international travel especially during and for while after the COVID-19 global public health
emergency, Instructor recommends a “Cancel For Any Reason” provision in the policy. It is the Participant's responsibility to ensure that they are adequately insured for the duration of the Retreat regarding accident, injury, illness, death, emergency evacuation and repatriation, loss of
personal items, cancellation, curtailment, worldwide emergency assistance, and all other contingencies. No insurance is provided for Participant by Instructor or by the retreat center.
- TRAVEL DOCUMENTS, MEDICAL EXAMS, QUARANTINES, AND VACCINATIONS
It is Participant’s responsibility to learn about and obtain all required travel documents, medical examinations, and vaccinations for travel to the
Destination Country. Participant shall also be solely responsible for learning about and complying with any COVID-19 testing, vaccine, quarantine, or similar entry requirements of the Destination Country and the country to which Participant will be returning. Instructor is not
responsible for any delays, cancellations, or damages due to Participant’s lack of proper travel documents, medical examinations, quarantine
compliance, or vaccinations, including but not limited to a valid passport, visas (entry and exit), health certificates, and other documents that may be required by the Destination Country or the country to which Participant will be returning. Instructor has not and will not provide advice regarding the immigration law of the Destination Country or the country to which Participant will be returning.
- ASSUMPTIONS OF RISK AND RESPONSIBILITY
- Participant acknowledges that international travel can be challenging and bears a higher level of risk and uncertainty compared to domestic
travel, especially during the COVID-19 global public health emergency. The risk and uncertainty cannot be eliminated by Instructor and is part of the experience, enjoyment, and reward of an international retreat. In the Destination Country, standards of accommodation, communication, technology, transportation, access to health care, COVID-19 and other infectious disease precautions, safety, and service may not be equivalent to those standards in the United States or Canada and may require flexibility and patience on the part of the Participant. Understanding all of this, the Participant agrees to accept responsibility for their own safety and welfare while traveling for and attending the Retreat. Participant accepts all of these risks and understands that not every risk is set forth herein.
I
In particular, the Participant accepts the risk of contracting COVID-19 during the Retreat and during the travel to and from the Retreat. b.
Participant acknowledges that they alone are responsible for their choices, actions, and results during and after the Retreat. Participant accepts full responsibility for the consequences of their use or non-use of any information provided by Instructor during the Retreat. Participant agrees
to use their own judgment and due diligence before implementing any idea, suggestion, or recommendation of Instructor in their life, family, or
business. Participant agrees that there can be no guarantees as to the outcome or result of using the information they receive from Instructor
during the Retreat. Participant agrees and acknowledges that Yoga is not a substitute for medical attention, examination, diagnosis, and treatment by a licensed physician.
- WAIVER AND RELEASE OF LIABILITY FOR RETREAT
In consideration of Instructor inviting Participant to the Retreat and accepting their reservation for the Retreat, Participant agrees to release,
forever discharge, and hold harmless Instructor and their employees, agents, teachers, independent contractors, and other representatives, and
their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims (as defined immediately below) relating to or caused by Participant’s attendance at and participation in the Retreat and in any additional activities or excursions Participant may engage in during the Retreat not provided by Instructor (“Claims”), unless caused by the gross negligence or intentional wrongful act of Instructor. The term “Claims” shall include any and all liabilities, claims, demands, actions, damages, rights of action, and causes of action, of whatever kind or nature, that may now or hereafter exist or arise, arising out of personal injuries, losses suffered, and damages of any kind (including but not limited to direct, indirect, consequential, incidental, punitive, or any other damages), including those known and unknown, developed or undeveloped, and foreseen or unforeseen, relating to or caused by Participant’s participation in the Retreat. Participant agrees that this waiver and release shall be legally binding upon them personally and their family, estate, heirs, successors, and assigns. In addition, Participant
acknowledges that, in large part, operational control of the Retreat will be in the hands of the third party retreat center (Mahogany Bay Resort), and that any cause of action in regard to its shortcomings would be against the retreat center and not against Instructor. In particular, Participant
acknowledges that the Instructor is not responsible for the safekeeping of Participant’s personal property while at the Retreat, or for ensuring
Participant’s safety from contracting COVID-19 during the Retreat or during the travel to and from the Retreat.
- WAIVER AND RELEASE FOR THE PRACTICE OF YOGA/AERIAL YOGA
In further consideration of Instructor inviting Participant to the Retreat, Participant provides the following additional waiver and release of
liability for the practice of Yoga (mat and aerial) while at the Retreat. At the Retreat, Participant may participate in Yoga classes taught by
Instructor or any other instructor of Elevate Studios (Flight Room.)
Participant agrees and acknowledges that Yoga and Aerial Yoga involve physical movements and activity and can be physically and mentally
challenging, and therefore bears risk of injury, illness, and even disability and/or death. Participant accepts all risks of participating in
Yoga/Aerial Yoga and assumes full responsibility for any and all injury , illness, and/or damages caused by their participation in Yoga. During Yoga, if Participant experiences any pain or significant discomfort, they agree to listen to and honor their body, discontinue the activity, notify
Instructor immediately, and seek medical attention from a licensed physician. Participant understands and agrees that their participation in
Yoga, in each class and in each pose, is voluntary, in their sole discretion, and at their own risk. Participant warrants that they understand their physical limitations and that they are sufficiently self-aware to stop or modify a pose or recommendation before they become injured or ill or aggravate a pre-existing condition. Participant understands that Instructor is not a licensed physician, nor a medical professional of any kind, and therefore will not and cannot give them medical advice. Participant agrees that Instructor has no duty to provide them with medical advice or care (including CPR) during Yoga.
Participant also understands that nothing said by Instructor should be construed as medical advice. Participant understands that during the Retreat, Instructor may touch them and may give them physical assistance from time to time, and that before each class, it is their responsibility to let Instructor know if they do not want to be touched or assisted. This waiver and release shall apply to all classes, lessons, workshops, and recommendations Participant takes from Instructor, and all instruction Participant receives from Instructor, no matter where performed or given, and no matter what style or branch of Yoga practice is taught. Participant therefore agrees to release, forever discharge, and hold harmless Instructor and their employees, agents, teachers, independent contractors, and other representatives, and their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims relating to or caused by Participant’s participation in Yoga (“Claims”), unless caused by the gross negligence or intentional wrongful act of Instructor. The term “Claims” shall include any and all liabilities, claims, demands, actions, damages, rights of action, and causes of action, of whatever kind or nature, that may now or hereafter exist or arise, arising out of personal injuries, losses suffered, and damages of any kind (including but not limited to direct, indirect, consequential, incidental, punitive, or any other
damages), including those known and unknown, developed or undeveloped, and foreseen or unforeseen, relating to or caused by Participant’s
participation in Yoga. Participant agrees through purchase that this waiver and release shall be legally binding upon them personally and their family, estate,
heirs, successors, and assigns.