referred to herein as “Participant”. Jointly referred to as “parties” or individually as “party.”
WHEREAS, GLOW offers yoga retreats with a purpose and Participant wishes to purchase such retreat.
NOW, THEREFORE, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. SERVICES. GLOW shall provide Participant with accommodations in the yoga retreat (“the Retreat”). During the Retreat, GLOW will provide Participant daily yoga session(s),
meditation, local transportation to the Retreat site (via rented van only), room (shared), all meals with exception to one lunch, and all other excursions listed within the retreat guidelines.
2. TERM. The term of this agreement commences upon signature and expires on the final day of the Retreat, unless terminated earlier by either party.
3. PAYMENT. The total cost of the Retreat must be paid in full prior to the retreat as set forth below. Failure to make the payments as set forth below will result in automatic breach of this Agreement by Participant and all payments made by Participant will be forfeited by Participant.
a. Non-Refundable Deposit of $700.00 USD due at time of execution of this Agreement. This deposit reserves your spot in the retreat and it is non-refundable.
b. Balance is due 45 days prior to the start of the Retreat.
4. CANCELLATIONS. GLOW reserves the right to make any changes deemed necessary, including Retreat cancellation as per GLOW’s Terms and Conditions. All requests for cancellation by Participant must be submitted in writing, via email at the following email address: glowyogaretreats@gmail.com.
a. The Participant shall forfeit the Non-Refundable Deposit ($700.00) and Administration Fee ($_____) upon cancellation of this Agreement regardless of the time of cancellation or the reason for the cancellation. There will be no exceptions, including, but not limited to, travel restrictions, quarantines, medical emergencies, lock downs, weather restrictions, illnesses, Covid-19, travel changes, border closings. The Non-Refundable Deposit and Administration Fee are non-transferable and cannot be applied to a different retreat.
b. Cancellation Notice Received at Least 61 Days Prior to Start Date of Retreat: In the event Participant cancels this Agreement at least 61 days prior to the start date of the Retreat, Participant will be entitled to a refund equal to only the amount of the remaining retreat fee as listed above.
c. Cancellation Notice Received Less than 61 Days Prior to Start Date of Retreat.
Participant will not be entitled to any refunds whatsoever if Participant cancels this Agreement less than 61 days prior to the start date of the Retreat.
5. COVID-19 DELIVERABLES BY PARTICIPANT. Participant shall provide a negative Covid-19 test within 48-72 hours from the Retreat start date from the country where the Retreat is being held after the Participant’s flight in. Participant will be banned from joining and participating in the Retreat without proof of a negative Covid-19 test. Failure to provide such negative testing results will result in forfeiture of all payments made by Participant.
6. THIRD PARTY VENDORS. Third party vendors may be contracted to provide lodging, transportation, catering, meals, and/or other services. Participant understands and acknowledges GLOW is not responsible for the actions or negligence of such third party vendors. Any claim Participant may have against third party vendors shall be initiated against the third party and not GLOW.
7. SEVERABILITY. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
8. NO WAIVER. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
9. GOVERNING LAW. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida and the parties agree to the exclusive jurisdiction of Palm Beach County, Florida.
10. ATTORNEY’S FEES. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.
11. MANDATORY ARBITRATION. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
12. RIGHT TO REFUSE SERVICE. GLOW reserves the right to accept, decline, or retain any person as a participant at the Retreat at any time without liability and without any obligation to pay a refund or any other amount whatsoever. In maintaining the purpose and objective of the yoga Retreat, GLOW may decline Participant from taking part of the Retreat if Participant displays violent behavior, including, but not limited to language and/or actions. GLOW is not responsible or liable for any participant who leaves the Retreat prior to its conclusion or for any activity undertaken by the Participant that is not part of the Retreat.
13. NO WARRANTIES. GLOW makes no warranties or representations, stated or implied, regarding any aspect of the Retreat. In particular, there is no guarantee, stated or implied, regarding:
a. The number of participants or the age of participants taking the Retreat;
b. The amount of time that Kayla Nielsen, or other volunteers, will be personally leading the Retreat;
c. The time spent at any given location on the Retreat;
d. Photos posted on GLOW’s website or visiting any specific sites shown on photos on GLOW’s website;
e. The quality of workouts, skill sessions, or other subjective experiences on the Retreat; or
f. Any other aspect of the Retreat.
14. INSURANCE. Participant is strongly advised to obtain travel, medical, accident, cancellation, and baggage insurance independently. GLOW will not provide Participant with any
insurance aforementioned and it is the sole responsibility of Participant to obtain.
15. ALLERGY DISCLAIMER. GLOW contracts third party vendors to provide catering and meals and room and board to Participant, as such, GLOW does not guarantee an allergen-free environment. Participant is aware that Participant will be exposed to food, activities, tangibles, and persons which may result in exposure to allergens and Participant acknowledges assumption of the risk. Participant shall be fully responsible for any medical costs or expenses related to allergic reactions, food sickness, food poisoning or any other related conditions.
16. ROOMS AND ACCOMMODATIONS. GLOW provides rooms/accommodations to Participant to provide a full experience retreat. Such accommodations include villas, cottages, resorts, rooms, and others, as may be available in the locality of the retreat. Such housing, lodgings, rooms, or accommodations are not owned by GLOW and GLOW is not responsible for providing security to Participants. GLOW is not responsible for any theft, damage, injury, loss, acts of terrorism, or the like, to Participant. Moreover, Participant expressly waives any right (whether in contract, tort, or both), to hold GLOW liable for any of the aforementioned acts. Participant shall exercise ordinary care in safeguarding any personal belongings or possessions. Participant acknowledges Participant is entirely responsible for his/her personal safety, health, and well-being during the Retreat.
17. PERSONAL EXPENSES. Participant shall be responsible for personal excursions, personal expenses, souvenirs, and anything else which is not expressly included in the Retreat by GLOW.
18. CANCELLATION DUE TO TRAVEL CONDITIONS. GLOW is not responsible or liable for any cancellations due to weather or travel conditions, including, but not limited to the following:
a. Any changes or delays in air schedules, missed airline or other carrier connections, or other services, local transportation, missed flights, cancelled flights;
b. Injury, loss, illness or damage to persons or property, including luggage and sponsored gift items;
c. Additional expenses resulting from changes in exchange rates, tariffs, visas, vaccinations or schedule change;
d. Defect in any vehicle or the act or default of any company or person engaged in conveying the Retreat Participants, or in carrying out the arrangements of the Retreat, or otherwise;
e. Additional expenses incurred or due to including but not limited to: sudden sickness, weather conditions, strikes, or other causes or acts of God; or
f. Losses due to cancellations.
19. PUBLICATION RELEASE. Participant may be photographed, audio-recorded and/or video-recorded during the Retreat. GLOW reserves the right to publish any such photographs, audio recordings, and video recordings without obtaining further consent from any participant.
Participant authorizes GLOW to use such recordings or images by GLOW in the course of business, for any lawful purpose, including for use on GLOW’s website and marketing materials. Participant releases GLOW and its representatives from any liability in connection with any such use of such photographs, audio recordings, and video recordings.
20. NO MEDICAL TREATMENT. Participant understands and acknowledges that the Retreat is in no way psychotherapeutic or medical in nature. The Retreat is not involved with the treatment of disease, illness, or condition of any kind and does not, in any way, substitute for medical diagnosis or treatment. GLOW does not, or any of its volunteers, agents, assigns, officers, or employees treat, prescribe, or diagnose any illness, disease, condition, or any other physical or mental disorder. Any personal advice or answers provided during the Retreat are for entertainment purposes only.
21. PARAGRAPH HEADINGS. The titles or paragraph headings of this Agreement are merely for convenience and ease of reading and shall not be used to modify, simplify or aid in the interpretation of the provisions of this Agreement.
UNCONDITIONAL AND FULL GENERAL RELEASE
PARTICIPANT AGREES TO INDEMNIFY AND HOLD GLOW, ITS OFFICERS, AGENTS, VOLUNTEERS, AFFILIATES, AND EMPLOYEES HARMLESS FROM ANY LIABILITY RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF GLOW, ITS OFFICERS, AGENTS, VOLUNTEERS, AFFILIATES AND EMPLOYEES AND FROM ANY SUIT, CLAIM, ACTION, COUNTERCLAIM, LOSS, EXPENSE OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER AS A RESULT OF CLAIMS, DEMANDS, COSTS OR JUDGMENTS ARISING OUT OF THE ACTS OR OMISSIONS OF GLOW AND ITS OFFICERS, AGENTS, VOLUNTEERS, AFFILIATES, AND EMPLOYEES.
PARTICIPANT FURTHER HEREBY AGREES TO INDEMNIFY AND HOLD GLOW, ITS OFFICERS, AGENTS, VOLUNTEERS, AFFILIATES, AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE, JUDGMENT, LIABILITY OR EXPENSE (INCLUDING LEGAL FEES) SUFFERED BY OR RENDERED AGAINST GLOW ON ACCOUNT OF ANYTHING ARISING OUT OF THIS AGREEMENT.
PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THERE ARE INHERENT RISKS IN PHYSICAL TRAINING, INCLUDING YOGA EXERCISE ACTIVITIES. PARTICIPANT SHALL CONSULT WITH A PHYSICIAN PRIOR TO PARTICIPATING IN THE RETREAT AND OBTAIN PRIOR APPROVAL TO PARTICIPATE. PARTICIPANT RELEASES GLOW FOR ANY MEDICAL EXPENSES, MEDICAL CARE, MEDICAL NEEDS FOR ANY INJURY PRIOR, DURING OR AFTER THE RETREAT. THIS INCLUDES MEDICAL EXPENSES, MEDICAL CARE, MEDICAL
NEEDS OR DAMAGE FOR ANY COVID-19 RELATED EXPENSES.
PARTICIPANT IS ENTIRELY RESPONSIBLE FOR ITS OWN PERSONAL SAFETY, HEALTH, AND MENTAL, PHYSICAL, EMOTIONAL, AND GENERAL WELL-BEING BEFORE, DURING, AND AFTER THE RETREAT. PARTICIPANT HEREBY RELEASES GLOW, ITS OFFICERS, AGENTS, VOLUNTEERS, AFFILIATES, AND EMPLOYEES OF ANY LIABILITY FOR ANY INJURIES OR DAMAGES MENTALLY OR PHYSICALLY THAT PARTICIPANT, OR PARTICIPANT’LS FAMILY MEMBERS, MIGHT SUFFER DURING OR AFTER THE RETREAT.
