TERMS OF SERVICE, RELEASE OF LIABILITY AND WAIVER
It is your responsibility to fully understand the below terms of service, release of liability and waiver (this “Agreement”) for the Retreat (the “Retreat”). You must agree to the terms of this Agreement as a condition to participating in the Retreat. Please read carefully what is and is not included in your Retreat package and view all encompassing on the website located at www.atimelesslifestyle.com.
PAYMENT TERMS & CANCELLATIONS
1. Retreat Pricing
Prices include Retreat costs only; they do not include travel costs to and from Stillwater Resevoir Boat Launch.
2. Retreat Payment & Deposit
Payment can be made by Paypal, Visa, M/C. If a non-refundable deposit is made, the remaining balance will be due on July 21st. Participants will receive a reminder email one week prior to the due date. If full payment is not received by this deadline, we reserve the right to cancel your reservation and fill your spot. We will make every effort to avoid this situation by contacting you prior to and on the day of the balance due date.
3. Cancellation Policy
If you wish to cancel your Retreat you must notify A Timeless Lifestyle via email at firstname.lastname@example.org. There are no refunds on deposits. There are also no refunds paid after the payment deadline mentioned in section 2 above. Exceptions to our cancellation policy cannot be made for ANY reason, including weather, terrorism, civil unrest, health changes, personal emergencies or otherwise. There is no refund for arriving late or leaving a trip early
4. Transfer Policy
Reservations cannot be transferred from one Retreat to another.
5. Retreat Cancellations
A Timeless Lifestyle 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 The Evergreen Lodge Wellness Retreat cancellation, A Timeless Lifestyle will offer a transfer to another Evergreen Lodge Wellness Retreat (if possible) or a full refund of your payment. A Timeless Lifestyle 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. A Timeless Lifestyle reserves the right to cancel any Retreat prior to departure in the event that there are too few people booked, in which case you will be given a full refund of any and all payments made to A Timeless Lifestyle for the Evergreen Lodge Wellness Retreats. 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).
6. Travel Documents
For Retreats held outside the U.S., all American passport holders are required to have at least 6 months validity on their passport at time of travel.
7. Roommate Assignments
Retreat rates are per bed. Double or otherwise advertised shared rooms require shared occupancy for the specified room rate. If you book a shared room without specified roommate(s), you will be paired with a roommate at our discretion. Rooms are not separated by gender.
Physical Training Release of Liability
8. Express Assumption of Risk
I, the undersigned, am aware that there are significant risks involved in physical training, including, but not limited to, the physical training inherent to all yoga exercise activities, and that my participation in any such physical training program 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 training partner, 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, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. 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 physical training, including this yoga program. I realize that liability may arise from negligence or carelessness by the Released Parties, 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.
9. Permission for Capture and Use
Media is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, I grant to A Timeless Lifestyle 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 and all 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 Released Parties from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and 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 Photographer, Videographer, Interviewer, 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 own 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.
10. WAIVER AND RELEASE OF LIABILITY AND INDEMNIFICATION
I acknowledge that I have voluntarily enrolled to participate in the Evergreen Lodge Wellness Retreat. In consideration of A Timeless Lifestyle allowing me to participate in the Retreat, I hereby expressly 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 at common law or by operation of statute, I hereby fully and irrevocably waive and release each A Timeless Lifestyle, Renee Dugan, the owner of the property where the Retreat is held, and each of their respective helpers, teachers, employees, guides, agents or representatives (including any employees, agents, volunteers or guides) (collectively, “the “Released Parties”) for any claim, cause of action, or liability whatsoever regarding the Retreat, including, but not limited to, 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, including, but not limited to, those allegedly attributed to the negligent acts or omissions of any person or party.
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 Evergreen Lodge, or it’s owners, A Timeless Lifestyle or it’s owner, 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 Retreat. I hereby release the Released Parties 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 Retreats.
Indemnification: I recognize there is risk involved in the types of activities offered. Therefore, I the participant accepts financial responsibility for any injury that I may cause either to myself or to any other participant in the Retreat. Should any of the Released 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 Released Parties from liability for the injury or death of any person(s) and damage to property that may result while participating in activities offered at the Retreat. This includes, but is not limited to, parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training.
I am medically, physically, emotionally and in all respects fit and able to participate in The Evergreen Lodge Wellness Retreats.
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.
I agree I will be fully and financially responsible for my own physical condition and well-being during the Retreat and will follow the safety precautions and instructions prescribed by A Timeless Lifestyle.
I acknowledge that A Timeless Lifestyle may make suggestions from time to time that are intended to help me and my well-being. However I take ultimate responsibility for my choices and realize that Lazy Wellness is not licensed medical provider and that I must consult my doctor.
If I experience pain or discomfort during the Retreat, I will modify A Timeless Lifestyle’s instruction to suit my individual needs. I will not hold A Timeless Lifestyle 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. I understand that A Timeless Lifestyle is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.
By agreeing to the terms outlined here and elsewhere on A Timeless Lifestyle’s website I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on an Evergreen Lodge Wellness Retreat.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules
Please note: you will also be asked to sign a printed copy of this agreement upon arrival at the retreat. Signature is required before participating in any retreat activities. Amendments can be made if needed, please get in touch with any concerns.