ABOVE YOGA RETREATS L.L.C. – TERMS AND CONDITIONS
In exchange for participation in the activities involved in an Above Yoga Retreats, L.L.C. retreat experience (the “Retreat”), I hereby enter into these TERMS AND CONDITIONS (the “Terms”) with Above Yoga Retreats L.L.C., of Raleigh, North Carolina, USA. (“Above Yoga”).
The Terms include, among other provisions, a RELEASE OF LIABILITY, ASSUMPTION OF THE RISKS, AND INDEMNIFICATION PROVISION (the “Release”) between me and Above Yoga.
I. RELEASE – Release of Liability, Assumption of Risks, and Indemnification
Read Carefully – This Affects Your Legal Rights
1. RELEASE OF LIABILITY. I hereby release, waive, discharge, and covenant not to sue Above Yoga, its officers, servants, agents, employees, successors, and assigns (hereinafter referred to as “Releasees”), from any and all liability, claims, demands, actions, debts, and causes of action whatsoever arising out of or relating to any loss, damage, or injury, including death, that may be sustained by me, or to any property or funds belonging to me, whether caused by the negligence of the Releasees, a third-party working with or contracted by Releasees, or otherwise, while participating in the Retreat, or while in, on, or upon the premises where the Retreat is being conducted, while in transit to or from the premises, or in any place or places connected to the Retreat.
I further understand and agree that this Release covers any liability, claim, and action caused entirely or in part by an act, failure to act, mistake, failure to supervise, or negligence on the part of any Releasees.
2. ASSUMPTION OF THE INHERENT RISKS. I am fully aware of the inherent risks and hazards connected with being on the premises and participating in the Retreat, and I am fully aware that there may be risks and hazards unknown to me connected with being on the premises and participating in the Retreat, and I hereby elect to voluntarily participate in the Retreat, to enter upon the above named premises and engage in activities knowing that conditions may be hazardous, or may become hazardous or dangerous to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of my being a participant in the Retreat, whether caused by the negligence of Releasees or otherwise.
The inherent risks I acknowledge and assume include, but are not limited to: physical injury or death resulting from participation in excursions and tours during the Retreat; injury during yoga sessions and classes; injury during travel, to include travel to, from, and between Retreat locations; drowning and related injuries during any aquatic activities; illness or injury in remote locations without immediate access to quality medical care; illness or injury resulting from meals; injury resulting from the acts or omissions of third-parties retained by Above Yoga to assist with the Retreat; and the acts or omissions of other Retreat participants.
I acknowledge again that there may be other inherent risks not listed in the immediately preceding paragraph, and I still wish to participate in the Retreat.
3. INDEMNIFICATION. I agree to indemnify, hold harmless, and defend Releasees against all claims, causes of action, damages, judgments, costs or expenses, including attorney’s fees and other litigation costs, which may occur due to my participation in the Retreat.
4. THIS RELEASE BINDS OTHERS. It is my express intent that this Release shall bind the members of my family and spouse, if I am alive, and my heirs, assigns, and personal representative, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named Releasees.
5. 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, or the employees, vendors, sub-contractors, representatives or agents of Above Yoga.
6. RETREAT CHANGES BASED ON SAFETY. I hereby acknowledge and understand that Above Yoga may make changes to Retreat plans, travel arrangements, lodging, meals, and itineraries, if safety considerations require such changes. In the event Above Yoga is required make such changes, I acknowledge that any claims or damages arising from these changes are subject to these Terms.
7. FEES. I agree to pay for all damages to the facilities of Above Yoga or any of their vendors caused by any negligent, reckless, or willful actions by me.
8. FORCE MAJEURE. Above Yoga is not liable for death, injury, illness, delay, loss, or damage to person or property, direct and indirect financial costs, or failure to perform or complete any duty if such death, injury, illness, delay, loss, or damage is caused by act of God, war, terrorist activity or threat, political or governmental action, mechanical breakdown, strike, riot, transportation cancellation, natural disaster, pandemic, fire, extreme weather, or any other cause beyond the control of the Above Yoga, or an event which the Above Yoga or its partners, suppliers, or agents, could not foresee any and all of which constitute “Force Majeure”.
9. NO DURESS. I agree and acknowledge that I am under no pressure or duress to assent to this Release, and that I have been given a reasonable opportunity to review it before assenting. I further agree and acknowledge that I am free to have my own legal counsel review this Release, if I so desire.
I further agree and acknowledge that Above Yoga has offered to refund any fees I have paid to use its facilities and services if I choose not to assent to this Release.
10. ARM’S LENGTH AGREEMENT. This Release and each of its terms are the product of an arm’s length negotiation between me and Above Yoga (the “Parties”). In the event any ambiguity is found to exist in the interpretation of this Release, 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.
II. OTHER TERMS AND CONDITIONS
A. COVID REGULATIONS
1. 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.
2. If requested by Above Yoga, I agree to show proof of a negative PCR test within 72 hours of the Retreat start date AND proof of being fully vaccinated against COVID-19 with a vaccine approved by U.S. or European Union authorities. I understand that I may need to be tested in a foreign country in order to return to the U.S. and, if I test positive, I am responsible for my own additional expenses related to quarantine.
B. CANCELLATION POLICY AND TRIP INSURANCE
1. CANCELLATION. With all Above Yoga retreats your investment is protected. If you need to cancel and do so in writing at least 90 days before the start of the trip, your entire investment can be credited to a future retreat within 18 months.
2. TRIP INSURANCE. 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.
III. APPLICABLE LAW, CHOICE OF FORUM, ENFORCEABILITY, AND AMENDMENT OF TERMS
1. APPLICABLE LAW AND CHOICE OF FORUM. Any legal claim that may arise from my participation in the Retreat or the under these Terms shall be resolved under North Carolina law without reference to any conflict-of-laws rules. Further, any action related to the Retreat or these Terms shall be instituted and prosecuted in the Courts of the State of North Carolina, these courts being the sole, exclusive, and only forum for actions arising from these Terms.
2. ENFORCEABILITY. The invalidity or unenforceability of any provision of these Terms, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provisions of these Terms 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 these Terms.
In agreeing to these Terms and accepting services from Above Yoga, I acknowledge and represent that:
A. I HAVE READ THESE TERMS, INCLUDING THE RELEASE, UNDERSTAND THEM, AND AGREE TO THEM VOLUNTARILY AS MY OWN FREE ACT AND DEED;
B. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT;
C. NO ORAL REPRESENTATION, STATEMENTS, OR INDUCEMENTS, APART FROM THE FOREGOING WRITTEN TERMS, HAVE BEEN MADE;
D. I AM ENTERING INTO THESE TERMS AND THE RELEASE IN CONSIDERATION OF ABOVE YOGA’S SERVICES AND PARTICIPATION IN THE RETREAT; and
E. I UNDERSTAND THAT BY AGREEING TO THESE TERMS AND THE RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.