By signing below I declare this statement is correct to the best of my knowledge. I hereby grant permission to the medical personnel, selected by the journey guides, to review my personal records or to contact the appropriate physician, psychiatrist, health professional or psychologist to obtain additional information on the conditions noted but not before contacting me first for final approval.

 

By signing below I hereby grant permission to the medical personnel, selected by the journey guides to order x-rays, routine tests and treatment for me in the event the emergency contact cannot be reached and I am not able to respond and make a decision.

By signing below I hereby grant permission to the physician selected by journey guides to hospitalize, secure proper treatment for, and order injections and/or anesthesia for, and/or surgery for me in the event the emergency contact cannot be reached and I am not able to respond and make a decision.

By signing below I agree to adhere to the decision by PARAMASHIVA HEALING CENTER representatives regarding the suitability of my participation in the excursion.

The 2019 Novel Coronavirus (COVID-19, "Coronavirus") is a known and rapidly evolving pandemic that is affecting travel worldwide, with continued spread and impacts expected. Client is fully aware of the current global COVID-19 virus outbreak, the current travel restrictions, and inherent risks involved when choosing to travel.

Client is aware that it is their personal decision to travel and is doing so with full knowledge of travel recommendations, restrictions, regulations, and risks with regards to COVID-19, as well as the possibility of future travel restrictions, and takes full responsibility for their actions with regards to traveling. In consideration of the travel planning services provided to Client and with full knowledge and acceptance of the risks associated with travel,

Client, on behalf of themselves, their minor children, and any personal representatives, heirs, and next of kin (hereinafter referred to as "Client") hereby releases, indemnifies, holds harmless and covenants not to sue Paramashiva Healing Center ("Company"), its officers, employees, volunteers, agents, representatives, and any other person involved either directly or indirectly, from all claims, suits, expenses, attorney fees and demands of any nature (including negligence) caused by, deriving from, or associated with Client's travel. Client makes these covenants, release and waivers knowingly and voluntarily.

 It is further understood and agreed that this COVID-19 Travel Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement is to be binding on Client's heirs and assigns and Client signs it of their own free will. Client understands and confirms that Company has provided Client with the best available information at the time regarding travel precautions, travel restrictions, and pandemic protection policies provided by governmental agencies of any location that Client is traveling to or through, as well as provided by alltravel suppliers, including but not limited to: airports, airlines, hotels, cruises lines, tour agencies, transfer agencies and/or any other provider involved in Client's booking. However, Client understands and agrees that government agencies and Travel Suppliers may not enforce or apply these travel precautions, travel restrictions, and pandemic protection policies and that some travelers may refuse to cooperate with these travel precautions, travel restrictions, and pandemic protection policies.

Additionally, Client understands and agrees that the COVID-19 pandemic is a rapidly changing situation and that all travel precautions, travel restrictions, and pandemic protection policies are subject to change at any time and without notice. Client also understands and agrees that any and all information provided by Company is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Company disclaims all liability and responsibility arising from any reliance placed on such information. Any reliance that Client places on such information is strictly at their own risk.

Client understands that it is their responsibility to check the latest travel information regarding the COVID-19 outbreak with the CDC (https:// wwwnc.cdc.gov/travel/notices), the governmental agencies of any location that Client is traveling to or through, and with all Travel Suppliers, including but not limited to: airports, airlines, hotels, cruises lines, tour agencies, transfer agencies and/or any other provider involved in Client's booking.

Client is aware of the specific travel warnings, travel restrictions, and travel rules in place for all locations in their travel itinerary, as well as the fact that travel warnings, restrictions, and rules are in place around the world. Client is also aware that future travel warnings, travel restrictions, and travel rules are likely to occur without notice. Client understands and accepts the risks and consequences of these travel warnings, restrictions, and rules. Client is also aware that immigration and traveling restrictions may be put in place before, during, or after traveling that may impede the ability to enter or exit travel locations or return home as planned.  

CLIENT HEREBY RELEASES, WAIVES, DISCHARGES AND AGREES NOT SUE Company for consequences of these travel warnings, restrictions and rules, failure to enforce travel warnings, restrictions and rules, as well as travel warnings, restrictions and rules changing without notice. Client is aware that additional travel screening procedures and restrictions may take place at various travel locations, including but not limited to: airports, airlines, hotels, cruises lines, trains, other methods of transport, tour agencies, transfer agencies, any provider involved in Client's booking, and/ orpublic areas. Client is aware that these restrictions may include mandatory face coverings, quarantines, temperature checks, and/or various other measures. Client acknowledges and agrees that, due to the nature of travel, social distancing measures, quarantine measures, pandemic prevention measures, health precautions, and/or the usage of face masks may not always be possible. CLIENT HEREBY RELEASES, WAIVES, DISCHARGES AND AGREES NOT SUE Company for consequences of these travel procedures and restrictions, failure to enforce travel procedures and/or restrictions, as well as travel procedures and restrictions changing without notice.

CLIENT HEREBY RELEASES, WAIVES, DISCHARGES AND AGREES NOT SUE Company for all consequences of traveling related to COVID-19, including but not limited to: travel warnings, travel restrictions, travel rules, illness, death, property damage, financial loss, costs, penalties, fees, fines, cancellations, postponements, quarantines, health regulations and/or screenings, regardless of whether these consequences are imposed by governmental agencies of the locations to which Client is traveling to and through and/or Travel Suppliers, including but not limited to: airlines, airports, hotels, cruises lines, tour agencies, transfer agencies, and/or any other provider involved in Client's booking. Client further agrees not to institute a credit card dispute or "charge back" to Company for any of these reasons. 

The undersigned acknowledges and understands that traveling may result in a higher risk of contracting COVID-19. The undersigned agrees and acknowledges that traveling may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death, or property damage. The undersigned fully understands and appreciates both the known and potential dangers of traveling and acknowledges that traveling may, despite reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH, OR PROPERTY DAMAGE to the undersigned due to negligence, active or passive, or otherwise while traveling.

 

Client understands that it is their responsibility to obtain travel insurance to ensure they have coverage for all medical needs and trip cancellation. However, Client is aware that travel insurance generally only covers unforeseen events. Most insurers classify COVID-19 as a 'known event' and will not cover COVID-19 related cancellations, delays, quarantines, or additional costs or fees. Most policies also have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. Additionally, concerns or fear of travel is not a covered reason for cancellation and will not be covered by travel insurance. Client understands that he/she is bound by the terms of the insurance policy as it relates to Coronavirus/COVID-19 Client holds Company harmless for their election to not purchase travel insurance and/or any denial of claim by travel insurer as it relates to COVID-19 or any other claim under the policy. 

THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND AGREES NOT SUE the Company, its directors, officers, employees, volunteers and agents ("Released Parties") from all liability to the undersigned and all personal representatives, assigns, heirs, and next of kin of the undersigned from any and all liability, claims, demands, actions, omissions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, claim, or injury, including property damage, illness or death, related to COVID-19 whether caused by the negligence of the Released Parties, any third-parties, or otherwise, while traveling.

THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS the Company, its directors, officers, employees, volunteers and agents ("Released Parties") from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to any loss, damage, or injury, including property damage, personal illness or death, related to the travel services provided by Company, whether caused by the negligence of the Released Parties, any third parties, or otherwise specifically related to COVID-19.

THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT shall be governed by and construed in accordance with Massachusetts law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver of Liability as a whole. This waiver remains in effect until the State of Massachusetts limits all COVID-19 related mandates.

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE COMPANY IN CASE OF ILLNESS, INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 WHILE TRAVELING AND ANY ILLNESS, INJURY, OR DEATH RESULTING FROM IT. AM FULLY INFORMED OF THE RISKS INVOLVED IN TRAVELING TO DECIDE WHETHER TO SIGN THIS DOCUMENT. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.

I acknowledge that I have voluntarily applied to participate on the "India Power Journey" planned by the Paramashiva Healing Center dba Sacred India Journeys. I am voluntarily participating on the tour or expedition with knowledge that travel to foreign countries and/or the remote areas visited by this trip involves numerous risks and dangers including a risk of illness, injury or death, which may be caused by: forces of nature, civil unrest, terrorism, road conditions, injuries inflicted by animals, insects, reptiles or plants, trails, hotels, vehicles, boats or other means of conveyance which are not operated nor maintained to standards common in the United States; high altitude (on certain trips), accident, accident or illness without access to means of rapid evacuation or the availability of medical supplies; thelack of adequacy of medical attention once provided, and negligence on the part of PARAMASHIVA HEALING CENTER INC, its affiliated organizations and their employees, teachers, volunteers or other agencies.

I acknowledge that the enjoyment and excitement of foreign travel/ adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks and the corresponding enjoyment and excitement contribute to the reason for my voluntary participation on this trip.

I HEREBY ACCEPT ANY AND ALL RISKS OF ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH AND VERIFY THIS STATEMENT BY SIGNING BELOW.

AS LAWFUL CONSIDERATION for being permitted by PARAMASHIVA HEALING CENTER INC to participate on such trips and activities, I hereby agree that I, my heirs, legal representatives or any member of my family will not make a claim against or sue PARAMASHIVA HEALING CENTER INC or any of its affiliated agents, employees, teachers or volunteers, for bodily injury, death, emotional trauma or property damage resulting from my participation in the tour or expedition or specific events of the tour or expedition (e.g. temple excursions, walking adventures, swimming adventures).

I THEREFORE RELEASE AND DISCHARGE PARAMASHIVA HEALING CENTER INC, ITS AGENTS, EMPLOYEES, GUIDES, LEADERS, AND VOLUNTEERS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TOUR OR EXPEDITION EVEN THOUGH THAT LIABILITY MAY ARISE OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF PARAMASHIVA HEALING CENTER INC OR ITS AFFILIATED AGENTS, EMPLOYEES, TEACHERS OR VOLUNTEERS.

Upon acceptance of my application, this agreement shall be deemed to have been entered into and be performed at Austin, TX, and shall be construed according to the laws of the State of Texas. In the unlikely event a legal dispute should arise involving any subject matter whatsoever, I agree that the dispute shall be settled by binding arbitration through the American Arbitration Association at Austin, TX. Should this arbitration provision be held unenforceable, I agree that any legal action shall exclusively be brought before the appropriate State Court in Austin, TX or Federal Court in Austin, TX.

I HEREBY ACCEPT THE ABOVE PARAGRAPH AND VERIFY THIS STATEMENT BY SIGNING BELOW:

If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. Under no circumstances shall PARAMASHIVA HEALING CENTER INC be liable to any tour participant for more than the cost of the trip governed by this document. All applications are subject to acceptance by PARAMASHIVA HEALING CENTER INC.

Included in the Journey

The total cost of the journey to India includes: accommodations in India, all lectures and teachings from our Trip Guides and their designated assistants, daily breakfast and most lunches, and some dinners, entrance fees to temples, all transfers and luggage handling, and ground and air transportation provided that you travel at the designated group times. PARAMASHIVA HEALING CENTER INC reserves the right to raise the trip fee if there are exceptional cost increases beyond our control. Every effort is made to ensure that no cost increases occur. If a cost increase occurs and the necessary increase does not meet your satisfaction, you may cancel your reservation, at that time, for a full refund minus the non-refundable expenses. This statement is explained in detail in the CANCELLATIONS AND REFUNDS paragraph of this document. 

Not Included in the Journey

We are not responsible for your round-trip transportation from your home to/from India. Also not included are meals when on your own, room service, items of a personal nature such as laundry, gifts, shopping, beverages, toll calls, excess baggage, medical costs, and the costs of hospitalization and evacuation from remote areas, insurance and additional expenses arising from the delay or extension of a trip due to weather, political disputes, sickness, failure of transportation, or other causes beyond our reasonable control.

Payment

The full payment for the journey must be paid before arriving in India. After each payment is received, it is non-refundable.

Trip Member Responsibility

Trip members have the responsibility to select a trip appropriate to their abilities and interests. Trip members are held responsible for being in sufficiently good health to undertake the trip. Trip members are responsible for preparing for this trip by studying the itinerary and pre-departure information sent by PARAMASHIVA HEALING CENTER INC, and for discussing this itinerary with their personal physician. Trip members are also responsible for bringing the appropriate clothing, medicines, supplies, and equipment as advised in the pre-departure information. Trip members are participants in the group travel and are expected to hold each other in compassionate regard, and to interact with each other with respect.

Cancellation and Refunds

If cancellation occurs 60 or more days before departure, there will be a loss of the total deposit amount. For cancellation 0-60 days prior to departure, no refund will be given - as is the case with a cancellation at the time of departure or after the trip departs. All cancellation notifications must be made to PARAMASHIVA HEALING CENTER INC in writing. Any refund requests must be made in writing to PARAMASHIVA HEALING CENTER INC within 30 days of the return date. We strongly recommend all participants purchase Travel Cancellation Insurance. If you choose not to purchase Travel Insurance, you are fully responsible for our costs associated with medical issues, lost luggage, change of flights, cancellations, etc.

PARAMASHIVA HEALING CENTER INC reserves the right to cancel any trip, prior to departure, for any reason whatsoever, including an insufficient number of participants or logistical problems (e.g. acts of God, war, strikes, etc, which may impede trip operations. The refund of all payments as described in the paragraph below shall release PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff from any further liability. A trip cancellation due to an insufficient number of participants would normally occur at least a month prior to departure, unless acts of God, war, strikes, or other events impede our departure causing large numbers of participants to cancel participation on the journey prior to departure.

PARAMASHIVA HEALING CENTER INC must make substantial payments to suppliers (including providers of land travel) far in advance of the scheduled date on which we embark. If a trip is canceled due to forces beyond our control (acts of God, war, labor strikes, earthquake, flooding, etc, PARAMASHIVA HEALING CENTER INC will promptly refund the portion of the trip cost not advanced to suppliers (including any moneys set aside for airfare PARAMASHIVA HEALING CENTER INC will use our best efforts to recover advance payments as promptly as possible, and we will refund to you the amount recovered, if any. However, PARAMASHIVA HEALING CENTER INC does not guarantee recovery of any or all of the advance payments made, and our use of best efforts to recover these payments will not include the institution of any legal proceedings in foreign lands. This policy applies to trip cancellation by client choice following any necessary increase in trip costs.

Responsibility/Limitation of Liability

PARAMASHIVA HEALING CENTER INC with a principal place of business in Blanco, TX, gives notice that services provided in connection with these itineraries are rendered by suppliers who are not agents or employees of PARAMASHIVA HEALING CENTER INC All of the accommodations, meals, tours, transportation and/or related travel services have been made by PARAMASHIVA HEALING CENTER INC only as an agent for the individual tour member. While every effort is made to make travel arrangements with reputable suppliers, a tour member expressly agrees that PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the negligence, wrongful or intentional acts, or default of any company or individual engaged in providing these arranged services. Each passenger conveyance, tour company, hotel accommodation, restaurant, etc. is subject to the laws of the state or country where the service is provided. PARAMASHIVA HEALING CENTER INCand any designated facilitators or associated staff shall not be liable, directly or indirectly, for bodily injury or property damage for any reason whatsoever, including, but not limited to the following causes: acts of God, detention, annoyance, weather, quarantines, strikes, civil disturbance, theft, negligence (including that of PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff), default, changes in government regulations, terrorism, war or failure of conveyance to arrive or depart as scheduled.

PARAMASHIVA HEALING CENTER INC reserves the right to substitute hotels and tour guides and to alter the itinerary when deemed necessary or advisable. The right is also reserved to cancel any trip prior to departure. PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff is released from any and all liability for cancellation of any trip.

PARAMASHIVA HEALING CENTER INC reserves the right to decline to accept or retain any person whose actions, physical health, mental condition or general deportment impede trip operation or rights, welfare or enjoyment of other trip members. A refund based on the cost of unused services is the limit ofPARAMASHIVA HEALING CENTER INC 's responsibility. PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff is not responsible for any refunds should a presenter advertised as attending or leading a tour or conference cancel for any reason. PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff is not responsible for any physical, mental, emotional, or any other reaction, trauma, or ailment during the trip or occurring afterwards, that participants may experience at the sites or from any leaders, workshops, or sessions of any kind, including private sessions with facilitators or presenters. Attendance on the trip indicates acceptance of this and all other provisions of this responsibility clause.

PARAMASHIVA HEALING CENTER INC recommends the purchase of appropriate travel accident insurance, baggage insurance, tour operation carrier default protection insurance, and trip cancellation insurance, and has made available explanatory information and policies, and the travel program member has the opportunity to purchase such insurance as protection against certain risks of travel to the planned destination. Travel program members are advised that travel insurance covers only what is included as stated in the travel insurance brochure.

The airlines or transportation companies concerned are not held responsible for any acts, omissions or events during the time passengers are not on board their planes or conveyances. The passenger contract in use by the carriers concerned, when issued, shall constitute the sole contract between the airlines or transportation companies and the purchase of this travel program and/or passengers.

I have been advised by my travel advisors at Sacred India Journeys to purchase travel protection/trip insurance. We recommend Allianz Travel Insurance, but there are many good options in the marketplace. Please note. most travel insurance companies require you to purchase your travel insurance within 14 days of your first purchase towards to trip. This could be paying your deposit to us OR purchasing your flight whichever comes first.

I have read this document. I understand this document and all consequences resulting from my decision to purchase or decline trip protection and trip insurance.

In the event that Client sends images, videos or photographs (collectively "Images") from Client's vacation to Company or an agent of Company, Client agrees that Company may use such Images or photographs on Company's website, blog, social media and any other means of promotion of Company's business. Client waives any right to payment, royalties or any other consideration for the use of the Images. Client hereby holds harmless and releases and forever discharges Company from all claims, demands and causes of action which Client, its heirs, representatives, executors, administrators or any other person acting on Client's behalf have or may have related to the Images.

I AGREE WITH THE TERMS AND CONDITIONS LISTED ABOVE: