RETREAT WAIVER
TERMS OF SERVICE
It is your responsibility to read and completely comprehend the terms in this agreement. Please read the components of your retreat package carefully. Should you have any questions; please reference the media kit or call us. We would be happy to explain in advance of signing your contract.
PAYMENT TERMS & CANCELLATIONS
1. RETREAT PRICING
All prices are per person. Prices include retreat costs only; they do not include airfare travel costs to and from the retreat.
2. RETREAT PAYMENT & DEPOSIT
Payments can be made by credit card or PayPal. If a non-refundable deposit is made, the remaining balance will be due no later than 12 weeks before the retreat start date. Participants will receive a reminder email two week before the due date.
3. CANCELLATION POLICY
If you wish to cancel your current retreat registration and attend the following year's retreat, you must notify Gaia's Essence (“The Host”) via email at retreat@gaiasessence.com and call 631-965-0606. Exceptions to our cancellation policy cannot be made for ANY reason, incuding weather, terrorism, civil unrest, global pandemics, health changes, personal emergencies, or otherwise. There is no refund for arriving late or leaving a trip early. There are no refunds on deposits.
5. TRANSFER POLICY
Reservations can be transferred from one retreat to the upcoming retreat of the following year.
6. RETREAT CANCELLATIONS
The Host reserves the right to make any changes deemed necessary; including, but not limited to: advertised excursions, arranged transportation, advertised meals, etc. In the rare case of a Retreat cancellation, "The Host" will offer a transfer to another retreat. "The Host" is not responsible for any expenses or damages incurred as a result of retreat cancellation including preparation costs, airline tickets, travel documents, or other expenses. The Host reserves the right to cancel any retreat before departure if there are too few people booked, in which case you will be given a full refund of any payments made to The Host. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses, or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
8. TRAVEL DOCUMENTS
For retreats held outside the U.S., all American passport holders are required to have at least 6 months of validity on their passport at the time of travel. Please visit www.dominica.dm regarding the necessary documentation required when traveling to the destination.
ROOMMATES
9. ROOMMATE ASSIGNMENTS
Retreat rates are per person. Double or otherwise advertised shared rooms require shared occupancy for the specified room rate. If you book a shared room without a specified roommate(s), we will do our very best to match you with your desired room type.
ACKNOWLEDGEMENT
10. ASSUMPTION OF RISK
I acknowledge that I have voluntarily enrolled to participate in this retreat. In consideration of "The Host" allowing me to participate, I agree to this release of claims, waiver of liability, and assumption of risks. On behalf of myself, my heirs, executors, successors, administrators, and any other person who may have an interest in common law or by operation of statute, I hereby waive any claims I or such parties may have now or in the future. I release from liability "The Host" and any teachers, employees, guides, agents, or representatives (“the releasees”) for any personal injury, death, property damage, or loss of any nature suffered by me as a result of participation in any activity on the retreat. I release from liability "The Host" for any cause whatsoever including those arising out of, or in any way connected to, or occasioned by the negligence of the releasees.
ADVENTURE EXCURSION RELEASE OF LIABILITY
11. EXPRESS ASSUMPTION OF RISK
I, the undersigned, am aware that there are significant risks involved in adventure excursions, but not limited to, the physical training inherent to all yoga exercise activities, hiking and other adventure excursions, that my participation in any such activity carries with it the potential for death, injury, and/or property damage. The risks include but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my guide, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; those risks caused by terrain, facilities, temperature, weather, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, and lack of hydration. I am aware that any of these above-mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participating, volunteering, or watching in any adventure excurions, including yoga, swimming, snorkeling, hiking and nature walking or any other activity offered at the retreat. I realize that liability may arise from negligence or carelessness by the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.
I acknowledge that I am willingly participating in these activities and that I have assumed all risks as described above. In consideration for my being allowed to participate in the activities offered, I, the undersigned hereby release "The Host", their principals, teachers, agents, employees, and volunteers from any liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above-mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Host and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered.
MEDIA
12. PERMISSION FOR CAPTURE AND USE
Media is defined as photography, video, written or verbal testimonial, or any other form of capturing a likeness. For valuable consideration received, I grant to "The Host" the absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish in whole or in part, individually or in connection with other material, in any publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if she/he so chooses. I release and discharge "The Host" from any claims and demands that may arise out of or in connection with the use of the media, including without limitation all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of the Photographer, Videographer, Interviewer, and Editor, as well as the person(s) for whom he/she captured the media. I am a legally competent adult and have the right to contract in my name. I have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns.
WAIVER
14. RELEASE AND WAIVER OF LIABILITY
I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue, or attach the property of The Host, their affiliates, teachers, employees, agents or volunteers, or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of my participation in The Host’s retreats. I hereby release "The Host", and any of their agents or affiliated organizations from all actions, claims, or demands that I, my assigns, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from my participation in The Host’s retreats.
I am medically, physically, emotionally, and in all respects fit and able to participate in The Host’s retreats.
I agree I will be fully and financially responsible for my physical condition and well-being during the retreat and will follow the safety precautions and instructions prescribed by "The Host".
If I experience pain or discomfort during the retreat, I will modify The Host’s instruction to suit my individual needs. I will not hold The Host responsible for any pain or discomfort I experience during or after the retreat. I understand that the activities offered on this retreat are not a substitute for medical care.
By agreeing to the terms outlined here and elsewhere on The Host’s website I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation in The Host’s retreat.
This Agreement shall be governed by and construed under the laws of the State of California, without regard to its conflict of laws rules.
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