Above Yoga - Terms and conditions

By completing check out on Above Yoga you have agreed to our terms and conditions as well as the policies below and you have digitally signed our liability waiver. Please understand that this means you agree to the following: I agree that I have thoroughly read the following material and understand its implications. I further understand, I am legally signing this release and I may be voluntarily surrendering certain legal rights for myself and my family.  

COVID REGULATIONS

I agree to follow all U.S. and international guidelines as related to COVID-19 prevention and testing this may include, but is not limited to: proof of vaccine or negative tests, no-touch temperature checks and mandatory mask use while in shared transportation vehicles.

I agree to send Above Yoga, or their representatives, proof that I am fully vaccinated against COVID (including any booster shots as suggested by the CDC). I  understand I may need to be tested for COVID in a foreign country via an antigen or PCR test  in order to return to the U.S. (this will be arranged by Above Yoga). I understand that if I test positive, Above Yoga  will attempt to help me find suitable arrangements, but that I am personally financially responsible for any accommodations, meals, medical costs and transportation fees incurred while I remain in the country. I understand that regulations are subject to change.

TRIP INSURANCE 

By checking the box at check out, I understand  that Above Yoga recommends that I buy reputable trip insurance to protect against illness, natural disasters, pandemics, and other personal or global emergencies impacting my ability to travel or any personal medical or logistical needs that could arise during my travels. Above Yoga is not liable for these instances, and is not financially liable for any of these instances. Above Yoga expects on-time payments up until the full amount is received.

CANCELLATION 

If you want to cancel your booking, or part of it, you should contact us as soon as possible. Cancellation may not be possible depending on the type of your booking and timing of your request and any cancellation is at our discretion.

If you cancel in writing 90 days or more before travel you can choose either: 

If you cancel in writing 45 - 89 days before travel: 

Any cancellation less than 45 days ahead of the start of the retreat will lose ALL value paid. 

If I anticipate I will need a full refund, I understand Above Yoga recommends that I buy trip insurance to cover this need. 

Please check with your airline for their policies before booking or cancelling any retreat-related flights. 

SUBSTANCE + BEHAVOIR POLICY  

All Above Yoga retreats are drug and tobacco free environments. In some cases, alcohol may be consumed, but most be done so moderately. If I am found to be under the influence of drugs or excessive alcohol, or to have been verbally, physically or sexually aggressive towards another participant or staff member, or I understand that I can be asked to leave the property and will incur all associated fees to find other accommodations. I understand that drug and alcohol laws of the country which I am visiting may differ significantly from those in the U.S., even in the case of over-the-counter drugs and herbal remedies. I agree to investigate and follow all laws of the country I am visiting.  

ABOVE YOGA LLC - RELEASE OF LIABILITY

Read Carefully – This Affects Your Legal Rights

In exchange for participation in the activities involved in an Above Yoga retreat experience including, but not limited to, travel activities (ground transportation, tours, accommodations, meals) as well as physical activities (yoga classes, hiking, surfing, and other related physical activities undergone as part of the retreat) or any other activities as organized by Above Yoga LLC of 6319 Pesta Ct., Raleigh, North Carolina, 27612. and/or use of the property, facilities and services (including those of sub-contractors of vendors) of Above Yoga LLC,

I agree to these for myself and (if applicable) for the members of my family to the following:

1.           AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions given by Above Yoga LLC, or the employees, vendors, sub-contractors, representatives or agents of Above Yoga LLC.

2.           ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activities and I assume full responsibility for personal injury to myself, and further release and discharge Above Yoga LLC for injury, loss or damage arising out of my use of or presence upon the facilities, or vendor facilities or services of Above Yoga LLC, whether caused by the fault of myself or Above Yoga LLC, or other third parties.

3.           INDEMNIFICATION. I agree to indemnify and defend Above Yoga LLC against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of or presence upon the activities or facilities of Above Yoga LLC, or vendors.

4.           FEES. I agree to pay for all damages to the facilities of Above Yoga LLC or any of their vendors facilities caused by any negligent, reckless, or willful actions by me.

5.           APPLICABLE LAW. Any legal claim that may arise from the participation in the above shall be resolved under North Carolina law.

6.           NO DURESS: I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Above Yoga LLC has offered to refund any fees I have paid to use its facilities and services if I choose not to sign this Agreement.

7.           ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision given rise to such ambiguity.

8.           ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provisions of this Agreement or of any other applications of such provisions, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.