| I wish to participate in events and activities (collectively the “Retreat(s)”) organized and conducted by FormYoga, Inc (hereinafter the “Facilitators”), and the officers, directors, employees, contractors, agents, volunteers, teachers, owners, operators, or subcontractors of either company (herein collectively the “Released”). Retreats may involve activities (hereinafter the “Activities”) including, without limitation, bicycle riding; trail running; hiking; swimming in pools, lakes or oceans; surfing; stand up paddle boarding; zip lines; yoga; horseback riding; excursions; commercial or private air travel; transportation in vehicles belonging to the Released or third-party providers; training; classes; instruction; travel; any and all other activities associated with a Retreat. In consideration of my participation, I agree as follows: 1. Booking Policy: A booking is confirmed when the Facilitators receive a non-refundable deposit or payment of the entire balance for a Retreat. Student must provide the Facilitators with a signed copy of this Assumption of Risk & Release (hereinafter the “Release”) at least 30 days before the start date of the Retreat. Student must be over the age of 18 years to attend a Retreat. Students under the age of 18 may be allowed to attend if approved in writing and in advance by the Facilitators and Students under the age of 18 must be accompanied by a parent or guardian who is above the age of 18. For the best student experience, it is strongly recommended that you make every attempt to attend all scheduled sessions during Retreat. We strongly recommend purchasing trip insurance. 2. Payment Policy: Full payment is due 2 weeks prior to the start of the retreat. If payment is not made in full 2 weeks prior, Elohee will charge the card on file for the remaining amount owed. Failure to pay the balance due for the Retreat within the payment policy time frame specified herein will result in a forfeiture of the deposit and cancellation of the booking. All extra services, including, but not limited to any extra programming or food/beverage items not specifically included in the selected written package of the Retreat are the sole responsibility of Student. 3. Cancellation Policy: Refunds are available - minus a $100 processing fee - up to 6 weeks prior to the start of the retreat. If participant cancels between 6 weeks and 2 weeks prior to the retreat, Elohee will retain the entire 40% deposit. Elohee does not provide any refunds if participants cancel 2 weeks or less prior to the retreat. There are no exceptions to this Cancellation Policy nor will credit or discounts be given for late arrivals, early departures or activities missed during Retreat. Students who fail to provide this signed Release within 30 days prior to Retreat commencement date will be subject to an automatic cancellation and the above cancellation policies will apply. In the event the Facilitators cancel a Retreat, all monies paid to the Facilitators, including any deposit paid towards a Retreat will be refunded. In the event the Facilitators cancel a Retreat, the Released are not responsible for loss of monies in relation to travel expenses including airplane, bus, ferry and taxi expenses, hotel and accommodation expenses, loss of work or any other additional travel costs associated with the booked Retreat. In the event the Facilitators change a scheduled Retreat date for any reason, Student may transfer his/her full payment to another date, pending availability, or Student may request a full refund of your payment. The Released shall not be liable for any failures beyond their control. This includes but is not limited to natural disasters, weather and other Acts of God; war; closure of airports or other facilities; civil strife; terrorism; equipment failure; labor strikes or walkouts; and accidents or failure to perform by third parties, including suppliers and subcontractors. 4. Services & Fees: The Facilitators’ services, providers and transaction fees are subject to change at any time. The Facilitators reserve the right to change its offer or agreed-upon services due to special circumstances, external forces, changes in governmental regulations, delays of third parties, weather and nature related conditions, and for any other reason that, in the sole discretion of the Facilitators, requires the change. If any details deemed to be essential are changed, Student will be informed at the Facilitators’ earliest convenience. The Retreat program, schedule, and inclusions can change at any time without notice. The Facilitators reserve the right to change location(s) due to unforeseen issues, delays of third parties, accommodation issues and construction, and for any other reason that, in the sole discretion of the Facilitators, requires the change. The Facilitators reserve the right to change or amend the Booking, Payment and Cancellation Policies included in this Release at any time. The current policy is always applicable. The Facilitators reserve the right to change the itinerary and teachers due to unforeseen issues, health concerns and delays of third parties, and for any other reason that, in the sole discretion of the Facilitators, requires the change. 5. Travel & Safety: It is Student’s responsibility to make sure that he or she has all the relevant travel documentation and arrives at the airport and other forms of transportation on time. The Released can accept no responsibility for delay or cancellation of any flights, train, buses or other forms of transportation. Student must comply fully with any and all health and safety regulations introduced by the Facilitators, but he or she is responsible for his or her own safety. 6. Accommodations: Student shall not use property associated with the Retreat for any offensive, noisy, dangerous, illegal entertainment, immoral or improper purposes. Student shall not do anything that may be a nuisance or annoyance to the Released or other students. Student shall keep all accommodations, modes of transportation, fixtures, equipment, furniture and supplies in a clean and good condition and shall replace or pay for any items destroyed, damaged or missing with items of a similar kind and of equal value. The Facilitators reserve the right, at its sole discretion, to terminate a student’s use of any accommodation, mode of transportation, fixture, equipment, furniture or supplies in the event of any breach of this Release. Thereafter, Student will be required to vacate the property and the Released shall not refund payment or accept any consequential liability damages or loss. The Facilitators reserve the right to alter, cancel, or replace any accommodation, mode of transportation, fixture, equipment, furniture or supplies. 7. Standards of Conduct: Student understands that his or her behavior impacts other participants in the Retreat. Student agrees to comply with all acceptable social norms and policies of the Facilitators and the Retreat. If, in the sole discretion of the Facilitators after an attempt to resolve any issues, Student’s behavior becomes disruptive, Student will, at the request of the Facilitators, end participation in the Retreat and go home at his or her own expense with no refund of deposits, fees, or other money paid the Released. 8. Risks of Travel & Participation: Student understands that participation in the Activities and the Retreat involves risk. These “Risks” may include, without limitation, fire, wind, hail, snow, hurricanes, tornados, severe rain, flood, smoke, earthquakes, landslides, volcanoes, acts of war, acts of governments, terrorist acts, the loss of electricity and or other utilities, vehicular traffic, road and trail conditions, health and environmental conditions (including without limitation disease, infection and animals), equipment failure, driver error, rider error, participant error, foodborne illnesses, conditions at facilities, actions of other people, and the actions or negligence of the Released. Risks may also include the potential for serious injury, property loss and even death, as well as risks inherent in travel. Risks inherent in travel can include political, legal, social and economic conditions; different standards of design; terrorism; accident; safety and maintenance of buildings, public places and conveyances; and other matters, information about which Student has sought out, received and reviewed. Student acknowledges and agrees that the Released shall not be responsible for any injury, loss, damage or expense associated with any Risk. 9. Certification & Acknowledgements: Student hereby certifies that he or she is mentally and physically fit, has trained sufficiently for participation in the Retreat, and has not been otherwise advised by a qualified medical person. Student has arranged, through insurance or otherwise, to meet any and all needs for payment of medical costs while participating in the Activities and the Retreat. Student recognizes that the Released are not obligated to attend to any of his or her medical or medication needs, and Student assumes all risk and responsibility thereof. If Student requires medical treatment or hospital care in a foreign country or in the United States during the Retreat, the Released are not responsible for the cost or quality of such treatment or care. The Released may (but are not obligated to), however, take any reasonable action they consider to be warranted under the circumstances regarding Student’s health and safety. Student hereby authorizes the Released to procure all necessary medical assistance while Student participates in the Activities and the Retreat, and Student does authorize any competent medical person to do all things reasonably necessary to treat any injury or illness that occurs during his or her participation in the Retreat. Student agrees to pay all expenses relating thereto and release the Released from any liability or any actions. Student is insured for any medical expenses which Student may incur while participating in the Activities and Retreats. 10. Assumption of Risk: Student understands he or she will be responsible for his or her own safety and will not hold the Released liable for any injuries, illnesses, or infections to my person or property or any other losses as a result of his or her participation in the Activities or the Retreat. Student understands that the Released do not represent or act as an agent for, and cannot control the acts or omissions of, other institutions, businesses, individuals, transportation carriers, hotels, tour organizers or any other provider of goods or services involved in the Activities or the Retreat. Student has made his or her own investigation and is willing to accept the Risks on behalf of himself or herself, his or her executors, administrators, heirs, successors and assigns, and hereby assumes all risks of participation in the Activities and the Retreat, including without limitation all Risks, whether such risks are caused (a) by the negligence of, or (b) from dangerous or defective equipment or property owned or provided in any way by the Released. Student further understands that the Facilitators will not be supervising Student at all times. Student will have the opportunity and right to leave the group but will notify the Facilitators. Student understands that he or she will remain ultimately responsible for his or her own safety. 11. Waiver, Release and Agreement Not to Sue: Student hereby fully releases, waives any claims he or she may have against, discharges and agrees not to sue the Released or each of them from any and all liability, including to one’s executor, administrator, heirs, successors and assigns for any and all damage, injury or death of myself or as a participant while at, participating in, while en route to or from a Retreat or while participating in the Retreat or any Activities, whether caused by negligence of the Released or otherwise. 12. Indemnification and Hold Harmless: Student hereby agrees on behalf of himself/herself, his or her executors, administrators, heirs, successors and assigns, to indemnify and hold harmless the Released and each of them from any loss, liability or damage, including reasonable attorney’s fees incurred in any suit, demand or legal action arising out of any alleged injury, damage or death resulting from engaging in any Activities or participation in any Retreat, whether such injury, damage, and/or death is alleged to or did result from the negligence of any person. 13. Personal Property: Student acknowledges and agrees that he or she is responsible for equipment and all personal property utilized during the Retreat and that the Released are not responsible in any way for such property whether it is lost, stolen or damaged. 14. Words, Videos and Images: Student hereby grants permission to the Facilitators or their assignees to use photographs of Student and or his or her property and authorizes the Facilitators and assignees, licensees, legal representatives and transferees to use and publish (with or without Student’s name) photographs, pictures, portraits, audio recordings, videos, or images in any and all forms and media and in all manners including composite images or distorted representations, for the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form ), for any product or services, or other lawful uses as may be determined by the Facilitators and their assignees named herein. Student further waives any and all rights to review or approve any use of the images, as well as any written copy or finished product. Student further agrees that his or her name and identity may be revealed in descriptive text or commentary in connection with the image(s) and video(s). Student authorizes the use of these materials indefinitely without compensation. All negatives, positives, prints, digital reproductions and recordings shall be the property of the Facilitators. 15. Interpretation and Governing Law: This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under Georgia law. If any portion of this document shall be held as invalid it is agreed that the balance shall continue to be in full force and effect. This document shall be governed by the laws of the State ofGeorgia, except with respect to its provisions on choice of law and venue for any legal action shall be in the state or federal courts of Georgia as applicable. This Addendum shall not alter, modify, or change any of the terms of the Assumption and Release of Risk agreement except as modified herein, and all of the terms of that agreement except where expressly changed here shall remain in full force and effect. Student certifies that he or she is over the age of eighteen (18), of sound mind, not suffering from any form of duress, and has read and fully understands the terms of this Release. |
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