Hot Yoga Journeys (HYJ) Retreats | Liability Waiver and Terms and Conditions Form for Blue Ocean Retreats
You must agree to these terms & conditions to take part in any retreat please fill out the form at the end of the page and submit it.
In consideration of my participation in and presence at a yoga retreat performed and operated by Hot Yoga Journeys, as well as my use of the premises on which such Retreat is conducted, as well as other good and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged:
I agree to indemnify, hold harmless and defend Hot Yoga Journeys, and all its members, managers, officers, employees, contractor, agents, volunteers, or other representatives, and the owner(s), operator(s), and tenant(s) of any real property and improvements where the Blue Ocean Retreat is being conducted and all their members, managers, shareholders, officers, employees, contractor, agents, volunteers, or other representatives (collectively, the “Indemnified Parties”) from any and all fault, liabilities, damages, costs, expenses, claims, demands, judgments, costs of defense, or lawsuits arising out of related to, or connected with: (1) my presence at or participation in the Blue Ocean Retreat; (2) my use of any equipment or personal property used as part of the Blue Ocean Retreat; (3) my occupation or use of the land and premises, including any buildings, houses or other improvements, used in connection with any portion of the Blue Ocean Retreat (the “Premises”); and (4) any and all actions or omissions by me. Should any of the Indemnified Parties incur any expense or become obligated to pay any attorney’s fees or court costs in connection with reviewing, analyzing, compromising, or defending any claims or demands arising out of the subject matter with respect to which indemnification is provided by this Agreement, or for purposes of enforcing this Agreement, I agree to reimburse such Indemnified Party for such expenses, attorney’s fees, or costs within a reasonable time, in no event to exceed ten days after receiving written notice from the Indemnified Party of such expenses, attorney’s fees, or costs.
WAIVER AND ASSUMPTION OF RISK
I understand and am aware that my participation in the Blue Ocean Retreat involves risks. These risks may lead to tangible or intangible harm, including but, not limited to, injury, permanent harm, or death. I agree that such harm may result not only from my own actions but also from the actions of others. I understand and expressly acknowledge that an inherent risk of exposure to COVID-19 exists in any place where people are present. I am also aware that there are risks that I may not have considered.
I waive for myself and for my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin any and all rights and claims for damages, injuries, losses, demands, and any other actions or claims, except for acts of gross negligence or willful or wanton conduct, that I may have against any of the Indemnified Parties arising out of, related to, or connected with (1) the Blue Ocean Retreat; (2) my use of any equipment or personal property used as part of the Blue Ocean Retreat; (3) the Premises, including, but not limited to, any latent defects in the Premises; and (4) my personal property (whether or not entrusted to any Indemnified Party). The Indemnified Parties shall not be liable for, and I on behalf of myself, my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin, release the Indemnified Parties from any and all such claims and liabilities, except for acts of gross negligence or willful or wanton conduct.
I am over 18 years of age and am emotionally, medically, and physically able to enter into this Agreement and to participate in the Blue Ocean Retreat. This Agreement binds me and my executors, personal representatives, administrators, assignees, insurers, heirs, and next of kin.
I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law and that if any provision of this Agreement is deemed invalid or otherwise unenforceable, the enforceability of the remaining provisions will not be impaired thereby.
I expressly give the Indemnified Parties permission to use photographs and/or videos of me taken in and during the Blue Ocean Retreat for advertising and/or promoting Hot Yoga Journeys.
I agree that this Agreement shall be construed, interpreted, and governed by the laws of the State of New York, without regard to conflicts of law principles. I agree that any lawsuit arising out of this Agreement or out of my participation in the Blue Ocean Retreat or activities of any of the Indemnified Parties shall be brought in Westchester County, Yonkers, NY.
Hot Yoga Journeys Terms & Conditions
This document outlines the terms and conditions (“Terms and Conditions”) of Hot Yoga Journeys retreats. By booking a wellness retreat with HYJ, you are agreeing to these Terms and Conditions so please read the document carefully before completing your booking.
1 – Retreat payments
To reserve a place at an HYJ retreat, you must agree to these Terms and Conditions and provide us with a deposit of $500. All payments must be made in USD. Your final retreat payment is due at least 30 days before the start of the Blue Ocean Retreat, in one payment. Missing the final payment deadline may result in your being removed from the Blue Ocean Retreat. If you book a retreat less than 30 days before it starts, the entire retreat price must be paid immediately upon booking and is non-refundable .
2 – Expenses not included in the retreat price
All travel arrangements are your responsibility and at your own cost – except where otherwise noted. HYJ shall not be held responsible for any consequences arising from delays or cancellations in any of the companies you made arrangements with, or for any irregularities in your documentation required for travel. Transfers to/from the Blue Ocean Retreat are at your own cost unless otherwise specified.
3 – Price Guarantee
HYJ retreat prices are subject to change without notice. However, the price for the Blue Ocean Retreat you’ve selected will be locked and guaranteed the moment we receive your deposit.
4 – Itineraries are subject to change
While HYJ will do its best to follow the planned itinerary, it is possible that unexpected events could necessitate a change in the itinerary. If this happens, HYJ will endeavor to provide all services described in the itinerary though they may occur in a different sequence than anticipated. Uncompleted portions of the Blue Ocean Retreat itinerary are not cause for refund.
5 – Returned payments
If a payment to HYJ is returned unpaid for any reason, we will assess a $35 returned item fee per occurrence. The fee(s) will be added to the applicable retreat balance and must be paid in full before the start of the Blue Ocean Retreat.
6. – Cancellations, refunds, and credits
You may change or cancel your trip up until May 15th, 2024 for a refund, excluding the deposit amount. After that time no refunds will be issued.
7 – Retreat forms, obligations, and risks
All retreat guests are required to review and accept a HYJ Liability Waiver Agreement before the beginning of a retreat. Altering the Liability Waiver Agreement could result in expulsion from a retreat at your own expense.
8 – Participation
Although we want everyone to enjoy their retreat, it is possible that someone participating in a retreat could misbehave or do things that are incompatible with the safety, comfort, or convenience of other guests on the Blue Ocean Retreat. In those circumstances. HYJ has the exclusive right and discretion to expel someone (even you) from a retreat at any time.
9 – Medical emergencies
HYJ does not provide medical emergency personnel at its retreats. You warrant that you are emotionally, medically, and physically able to participate in the Blue Ocean Retreat. If you have any health conditions that could pose a risk to you or anyone else, you must notify HYJ before the start of the Blue Ocean Retreat. If you have an emergency that HYJ deems necessitates medical treatment, you authorize HYJ to contact emergency medical providers for you.