PLEASE CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT RELATED TO YOUR GROUP RETREAT TO MAKE SURE THAT YOU UNDERSTAND ALL YOUR RIGHTS AND OBLIGATIONS
TERMS & CONDITIONS
The terms and conditions set forth in this Retreat Participation Agreement (this “Agreement”) govern the relationship between you (the “traveler” or “you”), Adri Kyser (the “Host”) and Inner Beauty Yoga LLC, a Texas limited liability company (together with the Host, the “Organizers”). By reserving a spot on the retreat that your Host has organized with the assistance of an independent contractor, you agree to be bound by the terms of this Agreement. The Agreement outlines, among other things, certain limitations of liability. These terms affect your rights to sue, the governing law to be applied, and the jurisdiction and forum in which any suit may be heard.
PASSPORTS AND VISAS
A valid passport is required for each person traveling to an international destination. Travelers are responsible for obtaining any required visas. If you are not a U.S. citizen and therefore are not carrying a U.S. passport, you must contact the appropriate consular office for entry requirements pertaining to your trip, as the Organizers are not responsible for providing you with this information or documentation. Please ensure that your tickets and other travel documents bear your name exactly as it appears on your passport or you could be denied entry.
TRAVEL ARRANGEMENTS
The cost of the retreat, as displayed on your Host’s booking page (the “Portal”) on the www.adrikyser.com website, does not include airfare, rental car, train or boat transportations to or from the retreat unless expressly provided otherwise on the Portal. Travelers are responsible for booking their own airfare and travel arrangements.
DEPOSIT
In order to participate and reserve your spot in the retreat, a NON-refundable deposit is required. The amount used as a deposit will be applied towards the balance of the retreat. In case of any cancellations, you will forfeit your deposit since it is NON-refundable. You acknowledge that this deposit is non-refundable regardless of when or why you cancel your participation.
CANCELLATIONS AND REFUNDS
All retreat services, including, without limitation, ground transportation, accommodations, daily excursions, meals, and other events/activities in connection with the retreat (collectively, “Travel Services”) are offered and provided by independent third-parties (collectively, “Providers”) that are not affiliated with the Organizers. Accordingly, all deposits for your retreat are non-refundable once paid. There are no refunds for canceled reservations within 120 days of the retreat start “month”. If you cancel more than 120 days from the retreat start month, you will forfeit your deposit (non-refundable), all applicable credit card and transactions fees, and any payments made on your behalf to all 3rd party vendors. In addition, the Providers that your Host has paid on your behalf for Travel Services have their own separate cancellation policies, which may subject you to additional cancellation fees or non-refundable policies irrespective of when you cancel your reservation. If you have any questions regarding the Providers’ cancellation policies that might apply to your retreat, please contact your Host immediately. To minimize any loss and protect you during the retreat, it is highly recommended that you take out a comprehensive insurance policy that covers cancellation.
ITINERARY
Inner Beauty Yoga LLC/Adri Kyser has the right to cancel or change the schedule of all or any part of any program or extension if it considers such action to be in the general interest of participants or their safety, and I waive all claims against Adri Kyser arising from such actions or decisions. Inner Beauty Yoga LLC/ Adri Kyser reserves the right to substitute guides and to alter the itinerary when necessary. All prices quoted are valid at the time of publication and every effort is made to honor the originally published pricing; extraordinary circumstances may warrant revisions and Adri Kyser reserves the right to revise final pricing if necessary.
MEDICAL CARE AND LIABILITY
The Organizers are not medical providers and have not contracted with any parties to provide health or medical services for you while on the retreat. Accordingly, to the extent, you request or require medical care or treatment while on the retreat, you will accept such care and treatment at your sole risk and expense without liability or responsibility of the Organizers whatsoever. Any doctors, nurses, or other medical or service personnel that provide you with medical services while on the retreat shall not be considered to be acting under the control or supervision of the Organizers.
RESPONSIBILITIES & LIABILITY
Your Host reserves the right to decline to accept or retain any person as a member of the retreat or to cancel or alter the retreat after it commences without notice. If such cancellation or alteration by the Host is for reasons other than those outside its control (i.e., for reasons that the Host could have reasonably avoided), you shall be entitled to a prorated refund for any unused portion of the retreat, which shall be your sole remedy. Your Host further reserves the right to remove any person from a retreat whose comportment is disruptive or dangerous to other retreat participants or to third parties. Should this occur, you will forfeit the retreat cost, and the Organizers shall have no liability, financial or otherwise. Your Host reserves the right to take photographic or film records of you and any part of the retreat, to obtain the same from fellow travelers or other third parties, and/or to use and/or allow Inner Beauty Yoga LLC to use such photographic or film records for any lawful purposes at any time, anywhere in the world, and in any medium (including, without limitation, on social media), including for promotional and/or commercial and/or marketing purposes.
BY PARTICIPATING IN THE RETREAT, YOU CONSENT TO THE USE OF YOUR IMAGE AND LIKENESS FOR THESE PURPOSES. The responsibility of the Organizers, their affiliated companies, officers/directors, employees, sponsoring organizations, and agents is strictly limited. As intermediary organizers of the retreat, the Organizers do not own or operate any of the Providers of Travel Services. The Providers providing Travel Services are independent contractors and are not agents or employees of the Organizers. AS SUCH, YOUR HOST ARE NOT RESPONSIBLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGE, INJURY TO PERSON OR PROPERTY, WRONGFUL DEATH, LOSS, ACCIDENT, DELAY, OR IRREGULARITY OF ANY KIND (COLLECTIVELY, “LOSSES”) OCCASIONED BY REASON OF ANY ACT OR OMISSION OF ANY PERSON, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENT OR WILLFUL ACT OR FAILURE TO ACT OF, OR BREACH OF CONTRACT BY, ANY PROVIDER OR ANY OTHER THIRD PARTY, UNLESS AND ONLY TO THE EXTENT THAT SUCH LOSSES ARE CAUSED BY THE WILLFUL MISCONDUCT OR RECKLESSNESS OF YOUR HOST, AS APPLICABLE. BY UTILIZING THE TRAVEL SERVICES OF THE PROVIDERS, YOU AGREE THAT YOU WILL LOOK ONLY TO SUCH PROVIDERS IN RESPECT OF ANY ACCIDENT, INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, OR PERSONAL LOSS (COLLECTIVELY, “INCIDENTS”) TO YOU OR TO THOSE TRAVELING WITH YOU, AND THAT NEITHER YOUR HOST NOR ANY REPRESENTATIVE OF YOUR HOST SHALL BE LIABLE, THEREFORE, UNLESS AND ONLY TO THE EXTENT THAT SUCH INCIDENTS ARE CAUSED BY THE WILLFUL MISCONDUCT OR RECKLESSNESS OF YOUR HOST, AS APPLICABLE. Without limiting the foregoing, the Organizers are not responsible for any losses or expenses due to delays or changes in schedules, overbooking or downgrading of accommodations, defaults by any third parties, including Providers, mechanical or other failure of airplanes or other means of transportation, or the failure of any transportation mechanism to arrive or depart on time. The Organizers are not responsible for acts of God or force majeure events, sanitation problems, lack of medical care, sickness, weather conditions, strikes and other labor activities, acts of terrorism, acts of war (declared or undeclared), quarantines, embargoes, blockades, criminal activities, or any other act or event beyond the direct control of the Organizers. The Organizers assume no financial responsibility for any cancellations or delays resulting from invalid passports, visas, or other travel document requirements, or for tickets or other travel documents that do not reflect your name exactly as it appears on your passport.
SAFETY AND SECURITY
You agree to assume responsibility for your own safety while on the retreat, and the Organizers cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety, and security, may differ significantly from those found in the United States. At any given moment there are also likely to be “trouble spots” in the world in terms of war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specified cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. We assume no responsibility for gathering such information or providing it to you. You will not be refunded any amount paid for the retreat if you must or choose to leave the retreat prematurely for any reason.
YOUR AGREEMENT
This Agreement constitutes the entire agreement between you and the Organizers, 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 the Organizers. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without consideration of the conflict of laws principles thereof. IF ANY DISPUTE ARISES BETWEEN YOU AND YOUR HOST, YOU AGREE THAT ANY SUCH DISPUTE SHALL BE ADJUDICATED EXCLUSIVELY IN THE STATE OF TEXAS OR FEDERAL COURTS LOCATED IN DENTON COUNTY OR THE COUNTY(IES) ENCOMPASSING THE HOST’S PRINCIPAL PLACE OF BUSINESS, AND YOU WAIVE ANY OBJECTION (ON THE GROUNDS OF LACK OF JURISDICTION, FORUM NON CONVENIENS, OR OTHERWISE) TO THE EXERCISE OF JURISDICTION BY SUCH COURTS. In any part of this Agreement is deemed by a court of competent jurisdiction to be invalid, unlawful or against public policy, it shall be severed from this Agreement but the remainder of this Agreement shall remain unaffected. 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. The failure or delay by any party hereto 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.
