RETREATS TERMS OF SERVICE
It is your responsibility to fully understand the terms and conditions for the retreat. Please read carefully what is and is not included in your retreat package and view all-encompassing on the website. Should you have questions regarding the terms and conditions, we are available for consultation and would be happy to clarify any areas in advance of signing a contract with us.
By taking any actions towards attending the retreat, including completing an online reservation/booking, making payment for this retreat, or by attending the retreat, you accept these Terms and Conditions as a binding contract between Health in Progress LLC and you (hereinafter referred to as “you” or “I”).
Upon booking and confirmation, we charge 100% of the retreat price unless an installment plan is agreed upon in writing. All prices are per person and are set well in advance of the retreat start date. Prices include retreat costs only; they do not include travel costs to and from the retreat.
Retreat rates are per person. Double or otherwise advertised shared rooms require shared occupancy for the specified room rate. If you book a shared room without a specified roommate(s), we will do our very best to match you with your desired room type and price point. In the event we can’t find you a roommate for your first pick, we will present you with different rooming options. This means that if there is no roommate, you will have to pay for the full room cost for a single room rate, not a shared rate.
Assumption of Risk
I acknowledge that I have voluntarily enrolled to participate in this Health in Progress retreat. In consideration of Health in Progress allowing me to participate, I 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 in common law or by operation of statute, I hereby waive any and all claims I or such parties may have now or in the future. I release from liability Health in Progress and any teachers, employees, guides, agents, or representatives (“the releasees”) for 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. I release from liability Health in Progress for any cause whatsoever including those arising out of, or in any way connected to or occasioned by the negligence of the releasees.
PHYSICAL TRAINING RELEASE OF LIABILITY
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 persons or entities being released, 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, I, the undersigned hereby release Health in Progress, their principals, teachers, agents, employees, and volunteers from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above-mentioned parties. 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.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned 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 Health in Progress and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to the main building, and/or any area selected for training.
Permission for Capture and Use
Media is defined as photography, video, written or verbal testimonial, or any other form of capturing a likeness. For valuable consideration received, I grant to Health in Progress 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 Health in Progress 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.
Release and Waiver of Liability
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 Health in Progress, 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 Health in Progress retreats. I hereby release Health in Progress, and any of their agents or affiliated organizations 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 Health in Progress retreats.
I am medically, physically, emotionally and in all respects fit and able to participate in Health in Progress retreats.
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 Health in Progress.
I acknowledge that Health in Progress may make suggestions from time to time that is intended to help me and my well-being. However, I take ultimate responsibility for my choices and realize that Health in Progress is not a licensed medical provider and that I must consult my doctor.
If I experience pain or discomfort during the retreat, I will modify Health in Progress's instruction to suit my individual needs. I will not hold Health in Progress 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 Health in Progress is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.
By booking this retreat I agree to the terms outlined here and elsewhere on the Health in Progress website I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation in a Health in Progress retreat.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.
It is your responsibility to read and understand our cancellation policy before making a reservation.
Naturally, no one books with the intention of canceling or postponing their retreat, but unexpected things do happen, so please purchase travel cancellation insurance once you have made your reservation.
“Cancellation” is defined as not attending your scheduled Health in Progress, including postponing or rescheduling.
“You” refers to the guest booking a Health in Progress Retreat.
“We” refers to Health in Progress.
TRAVEL AND CANCELLATION INSURANCE
To join the retreat you must have travel insurance. Please be sure that your insurance policy covers you for all relevant ACTIVITIES you will be engaging in on your retreat & TRIP CANCELLATION.
Depending on the policy and conditions, travel cancellation insurance will pay for some or all cancellation fees.
You can find very affordable Retreat Travel Insurance Policies here.
This website also helps you compare different policies that best fit your needs. Please note that without Travel Insurance Policy you will be responsible for all the costs associated with cancellation.
The entirety of the amount paid for the retreat is not refundable and there are no exceptions or refunds due to cancellations for any reason.
For this reason, we REQUIRE you to purchase travel insurance. This includes any refunds or cancellations due to issues with health, transportation, or force majeure. We recommend that you obtain travel insurance. Please understand that the refund policy is in place because upon booking we buy or reserve equipment, room, meals, instructors, and other expenses for each retreat attendee. You understand that fees paid with an authorized credit or debit card payment are not subject to a right by You to a credit/debit card refund or chargeback after signup. By making the payment, you represent you are authorized to make the payment using the card. If you later dispute the charges, you agree not to cancel, revoke, chargeback, or dispute any previously entered charge on your credit card. If you do so, and it is later determined that the charge was properly authorized, you agree to pay all out-of-pocket fees and costs incurred by Health in Progress LLC as a result of the improper cancellation, revocation, chargeback, or dispute.
GUEST CANCELLATION POLICY
If you cancel your trip, Health in Progress does not offer refunds for any reason. There are no refunds on deposits. 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. A portion of your payment may be used as credit for another retreat to be taken within two years of your original retreat date. We will gladly transfer your credit to another guest.
Depending on when you cancel, cancellation penalties may apply.
Fees are determined by the following schedule:
If you cancel more than 90 days before your retreat start date, 100% of your payment may be applied to another Retreat.
If you cancel 60 – 89 days before your retreat start date, 75% of your payment may be applied to another Retreat. You will forfeit 25% of the price of your retreat.
If you cancel 15 – 59 days before your retreat start date, 40% of your payment may be applied to another Retreat. You will forfeit 60% of the price of your retreat.
If you cancel 14 days or less before your retreat start date, you will forfeit your entire payment.
Exceptions to our policy cannot be made for any reason. We do not offer credit for a guest arriving late or leaving early.
HEALTH IN PROGRESS CANCELLATION POLICY
While we have never canceled a retreat to date, if Health in Progress must cancel a booked retreat for any reason without offering alternative dates, you may transfer your full retreat payment to another retreat, or you may request a refund of your payment to your Travel Insurance.
Health in Progress is not responsible for your expenses incurred in preparation for any canceled retreat, such as airline tickets, loss of work, and/or other costs associated with preparing for your trip.
Health in Progress 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 Health in Progress. 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).
If Health in Progress and the trip leader are prevented from performing any of their obligations under this Agreement by acts of God, strikes, trade disputes, fire, weather, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Health in Progress and the trip leader’s reasonable control, Health in Progress and the trip leader will be under no liability whatsoever to you and may either cancel or postpone the retreat.
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