To register for a retreat, you must review and accept the following waiver.
Retreat Participation and Waiver Agreement
This Retreat Participation and Waiver Agreement (“Agreement”) is entered into on the date indicated below between Yoga By Allison Inc., an Illinois corporation (“Yoga By Allison”), and the individual identified who has checked the box below and entering her/his name (“Participant”), (collectively, the “Parties”). The Parties agree as follows:
1. Location and Dates of Retreat
Yoga by Allison intends to offer a yoga retreat at 10780 Kruger Rd., New Buffalo, Michigan (“Facility”) on 10/11/2019 – 10/14/2019 (“Retreat”). The Retreat will include group yoga classes, lodging and meals for Participant, and other activities as specified in the Retreat description (“Description”) on the Yoga By Allison website (“Site”).
2. Understanding of Retreat
Participant has read the Description of the Retreat, has received satisfactory answers to any questions (s)he had about the Retreat, and asserts that (s)he is healthy enough to participate fully in all aspects of the Retreat.
3. Compensation and Payment
The Retreat fee due to Yoga By Allison is specified on the Site (“Fee”). Participant is responsible for all costs not specified in the Description, including but not limited to airfare, ground transfers between airport and Facility, parking at the Facility (if there is a charge for such), additional meals, optional excursions or activities, private yoga sessions (if offered), and food and drink removed from Facility in-room honor bar. Yoga By Allison encourages Participant to pay the full Fee at the time of Retreat registration. If Participant wishes to pay in two (2) installments, a $100 convenience fee will be added to the Fee, and Participant must pay Yoga By Allison a deposit in the amount and at the time specified in the Description (“Deposit”). Participant agrees to pay the balance of the Fee no later than the earlier of the date specified in the Description, otherwise communicated to Participant in the Site registration forms, or 90 days prior to the start date of the Retreat (“Due Date”). Unless the full Fee is paid at the time of Retreat registration, Yoga By Allison shall auto-bill through authorize.net any remainder of the Fee on the Due Date. Deposits and other payments must be made through authorize.net, which maintains the credit card information. Yoga By Allison does not have access to Participant’s credit card information. Participant may be asked to create an account to manage the Retreat reservation(s).
4. No Refunds
The Deposit is not refundable. Additional amounts paid by Participant toward the full Fee also are not refundable after the Due Date for the full Fee. If the full Fee is not paid by the Due Date, the room(s) for the Retreat shall be released back to Yoga By Allison, which may in its sole discretion, resell the room(s). Participant shall receive no credit if the room(s) is/are resold nor receive any refund of any amounts paid. Participant is encouraged to contact Yoga By Allison before registering for a Retreat if (s)he has any questions or concerns about whether a particular Retreat is appropriate for her/him.
5. Yoga By Allison’s Services
Yoga By Allison shall be responsible for the quality only of the Retreat components provided directly by Yoga By Allison staff. Yoga By Allison shall not be responsible for the quality of Retreat component provide by third parties, including the Facility accommodations, excursions, and meals. Yoga By Allison shall attempt to provide the Retreat as described in the Description but reserves the right to modify the Retreat, including the dates, classes, instructor(s), excursions, other activities, or Facility, at any time with or without notice if Yoga By Allison determines in its sole discretion that the modification(s) are in the best interests of the participants. Participant understands and agrees that neither Yoga By Allison nor its shareholders, directors, officers, staff, or agents shall be liable for any expenses or losses Participant sustains because of any modification to the Retreat.
Upon prior notice to and approval by Yoga By Allison, Participant may bring her/his children to stay with Participant at the Facility. Participant shall be responsible for the cost of her/his children’s meals, lodging, activities, and supervision. Participant accepts full responsibility and liability for her/his children’s behavior during the Retreat. No other guests are permitted at the Facility or on the Retreat without prior approval by Yoga By Allison. Pets are not permitted at the Facility.
7. Information about Participant
Participant agrees to provide Yoga By Allison with complete and accurate information about Participant as requested in the Site registration forms. If such information changes before the Retreat, Participant agrees to proactively notify Yoga By Allison or, if credit card information change, authorize.net of the changes. Participant also agrees to complete and provide to Yoga By Allison upon request information about Participant’s yoga experience, any dietary needs, and travel information, including Participant’s travel dates, airline flight numbers, and—if a foreign government requires—passport information.
Participant understands and agrees that any travel may increase Participant’s risk of injury or death due to, among other things, transportation irregularities; banditry, theft, or other criminal activity; ill effects of unfamiliar food or drink; different standards for design, safety, and maintenance of buildings, public places, pools, and conveyances; disease; and natural disasters or hazards. If international travel is involved, Participant also may be exposed to language barriers; cultural differences; and problems arising from legal, visa, or passport requirements. Participant understands and agrees that this is a non-exhaustive list of the risks to which Participant may be exposed related to the Retreat and represents that (s)he has made an independent evaluation of these conditions and accepts these risks.
9. Emergency Medical Treatment
Should Participant require emergency medical treatment as the result of an accident or illness during the Retreat, Participant authorizes Yoga By Allison and its staff, agents, or representatives to assist in the procurement of such treatment. Participant, on behalf of her/himself and her/his heirs, representatives, and assigns, hereby releases, waives, discharges, and covenants not to sue Yoga By Allison or its respective shareholders, directors, officers, employees, instructors, and agents from liability for any and all claims, demands, rights, and causes of action of whatever kind or nature, including negligence and personal injury (including death) arising from or related to procurement of medical treatment in an emergency. This medical consent is not intended to create a legal duty to procure medical treatment in an emergency.
Yoga By Allison recommends that Participant consider obtaining travel insurance, and Participant represents that (s)he has independently evaluated the advantages and costs of travel insurance, made an informed decision about its purchase, and acted on that informed decision. Participant also represents that (s)he will abide by the laws of the country in which the Retreat takes place and by the Facility rules and security procedures. Participant further represents that (s)he relies voluntarily and at her/his own risk on the assistance and information, if any, provided by Yoga By Allison, including information relating to safety tips, travel conditions or arrangements, cultural norms, evacuation, travel insurance, and local transportation.
11. Retreat Waiver and Release
Participant understands that participation in any yoga or meditation classes requires physical exertion and carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid such risks. These risks vary based on the activity and may range from awareness of uncomfortable emotions to minor injuries—such as bruises and strains—to major injuries—such as sprains, breaks, cardiac arrest, paralysis, and other known and unknown conditions. Participant understands that Yoga By Allison recommends that Participant consult with her/his personal physician before starting any yoga or meditation classes. Participant represents that (s)he is physically fit and has no medical condition that prevents her/his full participation in the yoga classes and other Retreat activities. Participant agrees to disclose on an ongoing basis any physical limitations or impairments which might affect her/his ability to participate in any Retreat activities. Participant asserts that her/his participation is voluntary and (s)he knowingly and expressly assumes all known and unknown risks. Participant, on behalf of her/himself and her/his heirs, personal representatives, and assigns, further releases, waives, discharges, and covenants not to sue Yoga By Allison or its respective shareholders, directors, officers, employees, instructors, and agents from liability for any claims, demands, rights, and causes of action of any kind or nature, including negligence, personal injury (including death), and damage to property, arising from or related to participation in the Retreat. Participant agrees that in no event and under no circumstances shall the liability of Yoga By Allison for any act or failure to act by Yoga By Allison exceed the amount Participant has paid to Yoga By Allison to participate in the Retreat.
12. Publicity Release
Participant gives her/his full permission to Yoga By Allison to record at the Retreat and to use, reproduce, publish, display, and transmit her/his image in still photography or video form on the Yoga By Allison website and in other advertising or educational media. Participant fully releases, indemnifies, and discharges Yoga By Allison, its shareholders, directors, officers, employees, instructors, and agents from any claims, demands, rights, and causes of action of any kind or nature, whether known or unknown, arising out of or relating to the use of her/his likeness in photographs, video, or advertising. Participant waives receiving any compensation for the use of her/his image and relinquishes any right of publicity, right of privacy, or intellectual property claims or interests in such images. Participant waives any right to inspect and/or approve the website or advertising copy. Notwithstanding the previous sentence, Participant reserves the right to request in the future that Yoga By Allison, or any successor entity, remove any photographs or videos containing Participant’s likeness from the Yoga By Allison website or other promotional media, and Yoga By Allison will comply with Participant’s request.
Participant agrees to indemnify and hold harmless Yoga By Allison from any and all claims, loss, liability, damages (including damage to the Facility), and costs, including reasonable attorney’s fees, incurred as a result of her/his participation in the Retreat.
14. Force Majeure
Yoga By Allison shall not be liable for delay or failure to perform the Retreat in whole or in part due directly or indirectly to circumstances beyond the Yoga By Allison’s control, including political unrest, terrorism, cyberterrorism, riot, flood, act of God, court order, governmental action, or fire.
15. Confidential Information
Participant understands and agrees that Yoga By Allison may be required to provide Participant’s personally identifiable information to Facility, or governmental authorities in the country of the Retreat as a condition for Participant to participate in the Retreat.
16. Dispute Resolution
The Parties agree that this Agreement shall be interpreted under the laws of the State of Illinois without reference to Illinois conflict of laws provisions. The Parties further agree that, as to any dispute arising out of or related to this Agreement, the Parties shall submit such dispute to an impartial mediator located in Cook County, Illinois for resolution. If the Parties are unable to resolve the dispute through the mediator, then the Parties may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. The Parties hereby agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.
17. Waivers, Section Headings, and Severability
No waiver by either Party of any breach or default of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to define or limit the scope or intent of this Agreement. If a provision of this Agreement shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application shall not be affected.
18. Continuing Obligations
Sections 4, 9, 11, 12, 13, 16, and 17 of this Agreement shall remain in full force and effect beyond termination of the Agreement, unless Yoga by Allison and Participant otherwise agree in writing.
19. Entire Agreement
This Agreement represents the entire agreement of the Parties, and all prior and concurrent agreements and representations regarding the subject matter of this Agreement are merged herein. This Agreement may be amended only by a written instrument signed by both Parties.
All notices under this Agreement must be in writing and will be deemed to have been given (a) when sent by electronic transmission with written confirmation of receipt or (b) four days after they are sent by U.S. Postal Service certified mail, return receipt requested to the address set forth below if to Yoga By Allison and to the address listed in Participant’s account through the Site if to Participant:
Yoga By Allison Inc.
P.O. Box 409134
Chicago, Illinois 60640
By checking this box and typing her/his name below, Participant agrees that he/she is electronically signing this Agreement and understands that an electronic signature has the same legal effect as a written signature.