Please carefully read all the terms and conditions of this contract detailed below before purchasing a yoga retreat with FLUX (hereinafter, “Company”). For and in consideration for being permitted to participate in the yoga retreat you have selected with Company (the “Retreat”), you (the undersigned) agree to accept and be bound by the terms and conditions set forth herein.
- The purpose of this Agreement is to set forth the details of the FLUX Joshua Tree (“the Event”) taking place from October 18-22, 2018, as well as the Parties relationship to ensure each are clear as to respective roles so that the experience will be positive, productive, and comfortable. Additional information about the destination, accommodations, departure and return dates, any included meals, any included transportation, and can be found on the Company’s website (fluxretreat.com) (the “Website“). PLEASE READ AND ENSURE YOU UNDERSTAND THE RETREAT DETAILS AND POLICIES DETAILED HEREIN PRIOR TO CHECKING OUT.
The Event will include the following:
- Four (4) nights and five (5) days accommodation at the Event, as detailed on www.fluxretreat.com/mexico / (“the Website”)
- Breakfast, Lunch and Dinner on Friday, Saturday, Sunday. Appetizers & Dinner on Thursday arrival. Brunch on Monday departure
- Workshops throughout the Event.
- Adventure Outing
- Additional food, items, transportation, and resources may be included at Coaches discretion.
Client acknowledges that no other costs beyond those described herein will be included in the cost of the Event.
Client will inform Coaches of any dietary restrictions at least thirty days (30) prior to the start of the Event.
- REGISTRATION. To reserve a spot for the Retreat, you must add the product corresponding to the Retreat of your choice to your cart and follow the checkout instructions on the Website to submit your information and non-refundable deposit specified on the Website for the Retreat (the “Deposit”) (collectively, the “Registration Materials”). However, if your Registration Materials are submitted after the due date for the Deposit specified on the Website, then the total amount for the Retreat specified on the Website (the “Total Payment”) must be paid to reserve your spot. You will NOT have a reserved spot for the Retreat if you fail to provide all of the Registration Materials.
- CONFIRMATION AND ITINERARY SUBJECT TO MODIFICATION. After Company receives your Registration Materials, you will receive a confirmation email. Please contact us if you do not receive a confirmation email within five (5) business days of submitting your Registration Materials. Thereafter, we may send you, and you consent to receive, correspondence related to the Retreat and the Company, including the itinerary for the Retreat. Such itinerary is subject to change and Company expressly reserves the right to modify the itinerary at any time due to availability of third party vendors, weather conditions, local conditions, or other circumstances out of our control (see also Section 7 below).
- PAYMENT TERMS.
- Total Payment. The Total Payment is due in full thirty (30) days prior to the departure date of the Retreat specified on the Website (the “Payment Due Date”). IF COMPANY DOES NOT RECEIVE YOUR TOTAL PAYMENT ON OR BEFORE THE PAYMENT DUE DATE, COMPANY MAY CANCEL YOUR RESERVATION WITHOUT NOTICE.
- Deposit. Your Deposit is non-refundable. You may request to have your deposit applied to another participant’s registration for the same Retreat prior to the Payment Due Date. Your deposit may NOT be transferred to another participant’s registration for a different Retreat.
- Payment plans will be decided upon between you and the Company.
- PASSPORT, VISA AND RELATED ITEMS. You are responsible for obtaining and maintaining a valid passport and all appropriate visas, permits, certificates, and/or other required documentation (“Documentation”) for the countries, jurisdictions, parks, areas, etc. you will visit during the Retreat. Company is not responsible if you are denied entry or exit to/from any country or location due to a lack of valid Documentation.
- TRAVEL INSURANCE. We strongly recommend the purchase of travel insurance for the Retreat. You are solely responsible for the cost of any travel insurance and ensuring that you are adequately insured for the full duration of the Retreat with respect to possible illness, injury, death, property damage, loss of baggage and personal items, cancellation and/or curtailment, and/or any other potential losses, damages, costs, expenses, or liabilities (collectively “Losses”). You will be solely responsible for any Losses related to your failure to procure travel insurance. Company is not responsible for any Losses you incur and/or sustain.
- CHANGES OR CANCELLATION.
- Changes. Company reserves the right to make changes to any and all aspects of Retreat (which may include without limitation changes to the types and/or timing of activities available during the Retreat, items and/or services included with the Retreat, the itinerary, and/or the nature of the Retreat Classes) if, in Company’s sole discretion, Company deems it necessary to do so due to conditions that may be hazardous, dangerous, or otherwise adverse or threatening, if an act or omission of a third party prevents any such aspects of the Retreat or any portion of the Retreat, or for any other reason considered commercially necessary by Company. You will not be eligible for any refunds of any amounts based on any such changes to the Retreat.
- By Company. Company reserves the right to cancel your reservation if your Total Payment is not received on or before the Payment Due Date and you will not be eligible for any refunds of any amounts. Company further reserves the right to cancel the Retreat prior to the Departure Date in the event an insufficient number of registrants are confirmed for the Retreat or for any other commercial reason in Company’s sole discretion and, in such an event, you will receive a full refund of the amount you remitted to Company, but in no event will Company be responsible for any other amount, including preparation costs, airfare, travel documents, or any other Losses or claimed damages.
- By You. All cancellations by you must be in writing and emailed to Company at the contact email address specified on the Website. If cancellation takes place prior to the Payment Due Date, any payments made by you will be refunded, except your non-refundable Deposit. If cancellation takes place after Payment Due Date, you forfeit the entire amount remitted to Company. You may designate someone else to go in your place and they will be responsible for the remainder of payment. The full amount of your remaining payment is due immediately upon assignment of other individual.
- Effect of Changes or Cancellation. In the event of any change or cancellation under this Section 7, you acknowledge that you will have no right of refund of the Total Payment (whether in whole or in part, except as expressly provided in Sections 7(b)(i)(2) and 7(b)(ii)) and no right to claim compensation for any Liabilities incurred and/or sustained by virtue of any change or cancellation.
- VOLUNTARY PARTICIPATION IN STRENUOUS ACTIVITY. You acknowledge that you are voluntarily participating in the Retreat with Company, which may include strenuous physical activity including without limitation walking, running, hiking, dancing, climbing, swimming, jumping, yoga, plyometrics, Retreat Classes, and various other exercises or physical activity (“Physical Activity”). You acknowledge that you are fully aware of the risks and hazards connected with participation in the Retreat and/or engaging in Physical Activity, which may include the risk of serious injury (e.g., heart attacks, muscle strains, pulls, tears, broken bones, shin splints, and other illnesses) or death, and you hereby elect to voluntarily participate in such Physical Activities as part of the Retreat. You agree to use your discretion regarding which activities are appropriate for you, and to what level they are appropriate for you as detailed in paragraph 9.
- HEALTH AND FITNESS ELIGIBILITY. You represent that you are over the age of eighteen (18) and are healthy, in good physical and mental health, and are at a level appropriate to participate in, and are fully capable of participating in, the Retreat. You further represent that you do not suffer from any medical conditions or disabilities that may restrict, limit, prevent, or preclude your participation in the Retreat, including any Physical Activities. You have consulted with your physician and your physician has authorized you to participate in the Retreat, including any Physical Activities. You will discuss and address any questions or concerns you may have about your physical or mental health with the appropriate health care professional prior to the Departure Date. Documentation from your physician confirming your clearance to participate in the Retreat can be provided upon request. If, at any time, you have any doubts about your physical condition or fitness to participate in any aspect of the Retreat, you will cease participation in the same and seek appropriate medical attention. YOU ARE HEREBY ADVISED THAT THE RETREAT MAY TAKE PLACE IN REMOTE AREAS WHERE THERE IS LITTLE OR NO ACCESS TO TRADITIONAL MEDICAL SERVICES OR HOSPITAL FACILITIES FOR SERIOUS HEALTH ISSUES (OR YOUR PARTICULAR HEALTH ISSUES). YOU ARE FURTHER ADVISED THAT ANY MEDICAL OR EVACUATION EXPENSES WILL BE YOUR SOLE RESPONSIBILITY. As a result, we strongly encourage you to purchase travel insurance with appropriate coverage for your needs. We reserve the right in our sole discretion to refuse your participation in the Retreat, any Retreat Classes, Physical Activities, and/or any other activities, due to medical, fitness, or other grounds. Company also reserves the right to deny participation in the Retreat or any related activities at any time to individuals demonstrating behavior that may result in injury to themselves or others.
- ASSUMPTION OF RISK. You understand that serious accidents may occur during Physical Activities, including without limitation yoga and Retreat Classes, and that participants can sustain fatal and/or serious personal injury. As stated above, the Retreat may take place in a remote location where there is little or no access to traditional medical services or hospital facilities for serious and/or particular health issues. You may also be visiting places where the political, cultural, and geographical attributes of the location present risks and physical challenges that are greater than those present in your country of residence. It is your own responsibility to familiarize yourself with all possible relevant travel information in connection with your participation in the Retreat. Understanding and in full consideration of the foregoing, you agree to solely and exclusively assume full and complete responsibility for and the risks inherent in travel and engaging in Physical Activity (including yoga and Retreat Classes) which may include injury, death, property damage, and/or any other kind of Liability, whether foreseen or unforeseen, which may occur during your participation in the Retreat. YOU ACKNOWLEDGE THAT YOUR DECISION TO PARTICIPATE IN THE RETREAT IS MADE IN FULL CONSIDERATION OF THE FOREGOING INFORMATION AND THAT YOU SOLELY AND EXCLUSIVELY ASSUME THE RISKS INVOLVED WITH PARTICIPATING IN THE RETREAT. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.
- INJURY. In the event you are injured while participating in the Retreat, you agree to assume all financial obligations for any and all medical costs you incur. You acknowledge and agree that IN NO EVENT SHALL COMPANY AND/OR ANY COMPANY PARTY BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR LIABILITIES ARISING OUT OF YOUR PARTICIPATION IN THE RETREAT.
- LIABILITY WAIVER.
While the Coaches will take every possible measure to ensure safety of the Client during the Event, the Coaches cannot control every circumstance. The Client is legally responsible for their safety and any belongings and agrees to, and will be held legally liable for the following statements:
I, the Client hereby accept all risk to my health and of my injury or death that may result from participating in the Event and I hereby release the Coaches, and the Coaches respective companies, officers, employees, interns, sponsors and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation in the Event, whether caused by negligence of the Coaches, employees, or representatives, or otherwise.
I further agree to indemnify and hold harmless the Coaches and any third-party 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 attending and participating in the Event. Under no circumstances will the Coaches or their assigns be held liable for my injury or death or any loss or damage of my personal belongings, any hotel or travel incidentals, including any damages, resulting from my participation in Event.
Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Event, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify the Coaches verbally and in writing if I am at any time injured prior to, during, or after the Event in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that the Coaches are not legally obligated to act on that information in any way or to providing any medical service whatsoever to me.
MEDICAL & HEALTH CONDITIONS. Client must make the Coaches aware at the time of booking any pre-existing medical conditions, food allergies, or if Client is taking any specific medication, if Client does not make the Coaches aware of these at the time of booking, the Company will not be held responsible for any health issues that arise from possible contraindications.
- PHOTOS, VIDEO, OTHER MEDIA RELEASE. By and in consideration for being permitted to participate in the Retreat, you irrevocably grant Company and its agents and representatives all rights to use, reproduce, display, exhibit, publish, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Company at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to Company and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the Retreat (by Company or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of Company.
INTERNET ACCESS & SECURITY. Wireless Internet access, where available, is not guaranteed and is provided subject to third party terms and conditions, which are available when accessing the system. The Coaches reserves the right to disclose Client’s details to the internet service provider if it is discovered that Client illegally downloaded content from the internet or otherwise engaged in unlawful activity while at the Event.
CONSENT & RELEASE PERMISSIONS. By attending the Event, you, the Client, are entering an area where photography, audio, and video recording may occur. By attending you consent to photograph, video recording and audio recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, advertising, and inclusion on websites.
TRANSPORT. The Company can accept no responsibility for delay or cancellation of any flights, train, buses or other forms of transport.
HEALTH & SAFETY REGULATIONS. The Client must comply fully with all and any health and safety regulations. The Client must ensure that she is medically and physically fit and able to use the facilities and participate in activities. If Client has injuries or illnesses she is advised to seek doctor’s advice if planning to do yoga, hiking, or other physical activities. The Coaches are not liable for any injuries to the Client in her use of facilities or participation in activities.
LOSS OR DAMAGE. Company cannot accept any responsibility for loss or damage of personal possessions or valuables of the Client.
LIABILITIES. The Coaches shall not be liable for any failures beyond its control. This covers natural disasters, war, other ‘acts of nature’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors. The Coaches accept no liability for loss, damage, injury or illnesses which may be received during the Client’s stay or travel.
- INDEMNITY. YOU FURTHER HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY AND ALL LIABILITIES (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS’ FEES) THAT ONE OR MORE OF THE COMPANY PARTIES MAY INCUR AS A RESULT OF YOUR PARTICIPATION IN THE RETREAT, WHETHER CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE (BUT EXCLUDING ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A COMPANY PARTY), TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
- BINDING EFFECT. It is your express intent that this Agreement shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE any of the Company Parties.
- Entire Agreement. This Agreement constitutes the entire agreement between you and Company, and supersedes any prior agreement, regarding the subject matter herein. You acknowledge and represent that no oral representations, statements, or inducements, apart from those set forth herein, have been made to you by any Company Party.
- Force Majeure. If Company is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of any Act of God, strike, trade dispute, fire, inclement weather, breakdown, interruption of transportation networks/means, government or political action, acts of war or terrorism, acts or omissions of a third party, or for any other cause whatsoever outside of Company’s reasonable control, COMPANY WILL BE UNDER NO LIABILITY WHATSOEVER TO YOU AND MAY, AT COMPANY’S SOLE DISCRETION, BY WRITTEN NOTICE TO YOU, EITHER CANCEL THE RETREAT PURSUANT TO SECTION 7 OR TAKE ANY OTHER REASONABLE ACTION.
- Choice of Law and Jurisdiction. You irrevocably agree that this Agreement shall be governed by the laws of the State of Tennessee, that any mediation, suit, or other proceeding must be filed or entered solely and exclusively in Nashville, TN and that the federal or state courts located in Nashville, TN and any courts of appeal therefrom shall have sole and exclusive jurisdiction to settle any dispute arising under or in connection with this Agreement (including any disputes as to this Agreement’s existence or validity). You waive any objection (on the grounds of lack of jurisdiction, forum non conveniens, or otherwise) to the exercise of jurisdiction by such courts.
- Interpretation. You acknowledge and agree that this Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.
- Severability. If any portion(s) of this document is/are held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, such portion(s) shall be interpreted and/or reformed without further action of the parties hereto to render them valid and enforceable when applied to the facts at issue and the lawfulness, validity, and enforceability of such provision(s) as applied to any other facts, and the lawfulness, validity, or enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby.
- Waiver. The failure or delay by Company to enforce or exercise any provisions of this Agreement shall not constitute or be deemed a waiver of such provision or any other provisions herein. Furthermore, any waiver or breach of any provision of this Agreement shall not amount to a waiver of any other provision.
- Headings. The headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions herein.
YOU ARE AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO PARTICIPATING IN THE RETREAT, AND ACKNOWLEDGE THAT THIS IS A CONSENT, RELEASE OF LIABILITY AND A WAIVER OF YOUR LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, DEATH, PROPERTY DAMAGE, OR ANY OTHER LIABILITY, WHICH CREATES A CONTRACT BETWEEN YOU AND COMPANY. BY YOUR SIGNATURE BELOW, IT IS YOUR INTENTION TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND ANY OTHER LIABILITY UPON YOURSELF, TO THE EXCLUSION OF COMPANY AND ALL COMPANY PARTIES, AND TO EXEMPT COMPANY AND ALL COMPANY PARTIES FROM LIABILITY FOR, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR ANY OTHER LIABILITIES.
By inputting your name and date below, you agree to the entire agreement.