AGREEMENT OF RELEASE AND WAIVER OF LIABILITY
INDIGO YOGA DAYTON LLC
RETREAT AGREEMENT
AND RELEASE OF LIABILITY
Please read this document carefully and in full. By signing below, you agree to be legally bound by this agreement and release of liability. This is a binding legal contract between you and Indigo Yoga Dayton LLC. This contract concerns the Calm and Centered in Captiva Yoga Retreat, May 10 - 14, 2025.
DEFINITIONS
The following definitions shall apply to this document:
a. “Agreement” shall refer to this Agreement, in its entirety.
b. “Yoga” shall refer to the following activities: all eight limbs of Yoga, including asana, pranayama, and meditation, and general wellness and mindfulness instruction.
c. “Retreat” shall refer to the retreat named above by Participant. The Retreat will include a variety of activities involving Yoga and Meditation.
d. “Activities” shall include, but are not limited to, the following activities which may be provided by the Instructor in addition to Yoga: hiking, excursions, vehicular transportation, classes, instruction, and all other activities associated with the Retreat, with which there are inherent risks.
e. “Destination” shall refer to the location at which the Retreat will be held.
f. “Participant” shall refer to you, the person taking part in the Retreat.
g. “Instructor” shall refer to Amy Fecher, by and through her limited liability company, Indigo Yoga Dayton LLC, and any Yoga instructors employed or contracted by Indigo Yoga Dayton LLCto assist at the Retreat.
h. “Parties” shall refer to the Participant and Indigo Yoga Dayton LLC.
EFFECTIVE DATE
This Agreement shall take effect immediately upon execution by Participant. It shall remain in effect unless amended or revoked in writing as set forth herein.
RESERVATION
To reserve a space at the Retreat, Participant must review and sign this Agreement and return it to Instructor with the $500.00 USD non-refundable reservation deposit (“Reservation Deposit”). All payments under this Agreement must be made in U.S. Dollars (“USD”), either by credit card or check made payable to Indigo Yoga Dayton LLC. The Reservation Deposit counts toward the total cost of the Retreat. If Participant has already paid the Reservation Deposit, or any other portion of the cost of the Retreat, by signing below, they accept the terms of this Agreement, including but not limited to the policies on refunds.
COST OF RETREAT
a. The cost of the Retreat is based the type of room/occupancy you have chosen, e.g., single, double.
b. The flat fee set forth above includes the following: four (4) nights of accommodation at the retreat location; two (2) meals per day; group transportation to and from airport, choice of two excursions (boat tour, SUP tour, kayak tour) and daily Yoga classes.
c. The flat fee does not include the following: anything not expressly listed above; airfare and any other travel costs to reach the Destination (other than the group transportation to and from the airport if expressly requested at registration); taxes; medical, travel, or trip cancellation insurance; medical examinations and testing required for travel; specialty beverages or alcohol; optional meals; tips; personal expenses (e.g., laundry and shopping); self-care/spa services (e.g., massage); or additional tours/excursions beyond what's included in retreat cost.
d. For those Participants who wish to share a room (the add-on an additional retreat guest option and the double room occupancy option), Instructor shall make her best efforts to match Participant with a roommate. However, if a roommate cannot be found, Participant shall be responsible for the cost of single occupancy, as set forth on retreat booking webpage.
PAYMENT
Participant must pay the applicable flat fee set forth on retreat booking page in full at least 90 days prior to the start of the Retreat. If the reservation is made less than 90 days prior to the start of the Retreat, payment in full must be made when the reservation is accepted. If payment in full is not made as required above, Instructor may and will assume Participant will not attend the Retreat and cancellation charges will apply as set forth in Paragraph 10 below. Due to the complexity of planning the Retreat, payment plans/installment agreements are not available.
TRAVEL TO DESTINATION COUNTRY
Instructor does not arrange for Participant’s airline or other travel to the Retreat Destination (except for ground transportation to and from airport). It is the responsibility of Participant to secure airline or other travel accommodations to the Retreat Destination. Instructor bears no responsibility or liability for delay or cancellation of flights, trains, buses, or other forms of transportation.
HEALTH AND FITNESS REQUIREMENTS
a. Participant warrants that he or she is physically fit, has trained sufficiently for participation in the Retreat, and has not been advised otherwise by a qualified medical person. Participant agrees that Instructor is not qualified to evaluate Participant’s fitness for involvement in the Retreat. Participant must determine if he or she is sufficiently fit to participate.
b. Participant is advised to consult with a physician to ensure that they are in adequate health to safely participate in the Retreat. Participant must disclose to Instructor in Paragraph 2 any pre-existing conditions or illnesses, food allergies or sensitivities, and any prescribed medications they are taking that could interfere with Participant’s ability to participate safely in the Retreat or in the Yoga or Meditation practices that will be done there. Participant understands that if the information they provided about their health changes, they have an ongoing duty to update Instructor before a class or any Yoga instruction.
c. Instructor shall have the right, in their sole discretion, to accept or deny any applicant for participation in the Retreat, including but not limited to the health and fitness grounds set forth in this Paragraph. Instructor does not discriminate on the basis ofrace, color, creed, religion, age, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, pregnancy, marital or parental status, or any other category protected by law.
d. Instructor shall have the right, in their sole discretion, to ask any Participant to leave the Retreat at any time, if Participant is disruptive to the harmony of the Retreat and/or is violating any provision of this Agreement.
e. By providing emergency contact information in Paragraph 1 above, Participant consents to Instructor contacting and speaking with that individual if, in the sole discretion of Instructor, there is an emergency during the Retreat regarding Participant’s physical or mental health.
CANCELLATION BY PARTICIPANT
Participants may pay in full or a $500 deposit holds your spot in this retreat. The remaining balance will automatically be charged on Sunday, February 9, 2025. The remaining balance will be charged to the credit card that purchased the deposit. If for some reason your card is unable to be charged for the remaining balance, your retreat room will be forfeited within 48 hours if we are unable to reach you for an alternative credit card for payment. There are no refunds for this retreat unless a proper request is made in writing more than 60 days prior to the start of the retreat. All tuition will be refunded in full if the retreat is cancelled due to low enrollment. Please see our full cancellation terms and conditions below.
Due to the complexity of planning a Yoga retreat, refunds are only available as set forth in this Paragraph:
a. If Participant wishes to cancel their participation in the Retreat, they must notify Instructor by email to amy@indigoyogadayton.com. Cancellation shall take effect on the day Instructor receives the required email from Participant.
b. The $500.00 Reservation Deposit is non-refundable.
c. If proper cancellation notice is received by Instructor more than 90 days prior to the start of the Retreat, 100% of any payments made by Participant will be refunded to Participant, less the Reservation Deposit.
d. If proper cancellation notice is received by Instructor between 90 days and 61 days prior to the start of the Retreat, 50% of any payments made by Participant will be refunded to Participant, less the Reservation Deposit.
e. If cancellation notice is received by Instructor 60 days or less prior to the start of the Retreat, there shall be no refund.
f. There shall be no refund if Participant attends the Retreat, but leaves early, for any reason.
g. Deposits or any payments made by Participant are not transferable to another applicant for or participant in the Retreat, for any reason.
h. Any refunds due to Participant according to this Agreement will be made in USD by check to Participant within 30 days of receiving proper cancellation notice. Cashing of the check by Participant shall constitute full settlement between Instructor and Participant.
CANCELLATION AND CHANGES BY INSTRUCTOR
a. Instructor reserves the right to cancel the Retreat up to thirty (30) days prior to the start of the Retreat, if too few people have made reservations. In such an event, Participant will be given a full refund of any and all payments made to Instructor.
b. Instructor reserves the right to make changes to any aspect of the Retreat, or to cancel the Retreat entirely, at any time due to conditions at the Destination, including but not limited to acts of nature such as weather or other natural disaster, pandemic, and other “acts of god,” acts of war or terrorism, terrorist threat, civil unrest, riots, strikes, trade disputes, interruption of transportation, government or political actions or orders, change of law or regulation, suspension of civil rights, crime, , acts or omissions of a third party, or for any other reason whatsoever outside the reasonable control of Instructor. This is a force majeure provision. In such an event, if the changes or cancellation occur more than 90 days from the start of the Retreat (and Participant does not wish to accept the changes), 100% of any payments made by Participant will be refunded to Participant, less the Reservation Deposit; if the changes or cancellation occur between 61 and 90 days prior to the start of the Retreat (and Participant does not wish to accept the changes), 50% of any payments made by Participant will be refunded to Participant, less the Reservation Deposit; or if the changes or cancellation occur 60 days or less prior to the start of the Retreat (and Participant does not wish to accept the changes), refunds may be given in the discretion of Instructor or Instructor may agree to apply all or part of any payments made to a future retreat with Instructor.
c. If Instructor is unable to lead the Retreat for any reason, Instructor shall make their best efforts to hire a substitute instructor with substantially similar qualifications. If a substitute instructor cannot be located after reasonable diligence, Instructor reserves the right to cancel the Retreat. In such an event, Participant will be given a full refund of any and all payments made to Instructor.
d. In all of the above-listed events in this Paragraph, Participant hereby waives any right to claim other amounts are due to them, including but not limited to for loss of time, inconvenience, visa and passport fees, airfare and other travel expenses, insurance premiums, gear purchases, and vaccination and other medical-related costs.
ASSUMPTIONS OF RISK AND RESPONSIBILITY
a. Participant acknowledges that travel can be challenging and bears a certain risks and uncertainty, especially during the COVID-19 global public health emergency. The risk and uncertainty cannot be eliminated by Instructor and is part of the experience, enjoyment, and reward of a retreat. Understanding all of this, Participant agrees to accept responsibility for their own safety and welfare while traveling for and attending the Retreat. Participant accepts these risks and understands that not every risk is set forth herein. Participant accepts the risk of contracting COVID-19 during the Retreat and during the travel to and from the Retreat.
b. Participant acknowledges that they alone are responsible for their choices, actions, and results during and after the Retreat. Participant accepts full responsibility for the consequences of their use or non-use of any information provided by Instructor during the Retreat. Participant agrees to use their own judgment and due diligence before implementing any idea, suggestion, or recommendation of Instructor in their life, family, or business. Participant agrees that there can be no guarantees as to the outcome or result of using the information they receive from Instructor during the Retreat. Participant agrees and acknowledges that Yoga and Meditation are not substitutes for medical attention, examination, diagnosis, and treatment by a licensed physician.
WAIVER AND RELEASE OF LIABLITY FOR RETREAT
In consideration of Instructor inviting Participant to the Retreat and accepting their reservation for the Retreat, Participant agrees to release, forever discharge, and hold harmless Instructor and their employees, agents, teachers, independent contractors, and other representatives, and their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims (as defined immediately below) relating to or caused by Participant’s attendance at and participation in the Retreat and in any additional activities or excursions Participant may engage in during the Retreat not provided by Instructor (“Claims”), unless caused by the gross negligence or intentional wrongful act of Instructor. The term “Claims” shall include any and all liabilities, claims, demands, actions, damages, rights of action, and causes of action, of whatever kind or nature, that may now or hereafter exist or arise, arising out of personal injuries, losses suffered, and damages of any kind (including but not limited to direct, indirect, consequential, incidental, punitive, or any other damages), including those known and unknown, developed or undeveloped, and foreseen or unforeseen, relating to or caused by Participant’s participation in the Retreat. Participant agrees that this waiver and release shall be legally binding upon them personally and their family, estate, heirs, successors, and assigns. In addition, Participant acknowledges that, in large part, operational control of the Retreat will be in the hands of the third-party retreat center, and that any cause of action in regard to its shortcomings would be against the retreat center and not against Instructor. Participantacknowledges that Instructor is not responsible for the safekeeping of Participant’s personal property while at the Retreat, or for ensuring Participant’s safety from contracting COVID-19 during the Retreat or during the travel to and from the Retreat.
WAIVER AND RELEASE FOR THE PRACTICE OF YOGA AND RETREAT ACTIVITIES
In further consideration of Instructor inviting Participant to the Retreat, Participant provides the following additional waiver and release of liability for the practice of Yoga and other Retreat Activitieswhile at the Retreat:
a. At the Retreat, Participant may participate in Yoga classes taught by Instructor. Participant agrees and acknowledges that Yoga involves physical movements and activity and can be physically and mentally challenging, and therefore bears risk of injury, illness, and even disability and/or death.
b. Participant accepts all risks of participating in Yoga and assumes full responsibility for any and all injury, illness, and/or damages caused by their participation in Yoga. During Yoga, if Participant experiences any pain or significant discomfort, they agree to listen to and honor their body, discontinue the activity, notify Instructor immediately, and seek medical attention from a licensed physician.
c. Participant understands and agrees that their participation in Yoga, in each class and in each pose, is voluntary, in their sole discretion, and at their own risk. Participant warrants that they understand their physical limitations and that they are sufficiently self-aware to stop or modify a pose or recommendation before they become injured or ill or aggravate a pre-existing condition.
d. Participant understands that Instructor is not a licensed physician, nor a medical professional of any kind, and therefore will not and cannot give them medical advice. Participant agrees that Instructor has no duty to provide them with medical advice or care (including CPR) during Yoga. Participant also understands that nothing said by Instructor should be construed as medical advice.
e. Participant understands that during the Retreat, Instructor may touch them and may give them physical assistance from time to time, and that before each class, it is their responsibility to let Instructor know if they do not want to be touched or assisted.
f. This waiver and release shall apply to all classes, lessons, workshops, and recommendations Participant takes from Instructor, and all instruction Participant receives from Instructor, no matter where performed or given, and no matter what style or branch of Yoga practice is taught.
g. Participant hereby expressly and specifically assumes the risk of injury or harm in Participant’s involvement in any Retreat Activities (e.g. guided hikes), agrees that his or her involvement is purely voluntary, and elects to participate despite any and all risks associated with outdoor recreational activities, including but not limited to sudden weather changes, rain, snow, wind, hail, lightening, Participant’s physical condition and physical exertion for which Participant is not prepared, hypothermia, hyperthermia, high altitude and/or motion sickness, dehydration, heat stroke, snake bite, bee stings, insect bites and/or stings, wild or domestic animals, distance and inaccessibility to immediate medical attention, travel over rough terrain, falling rocks and trees.
h. Participant acknowledges and agrees that he or she is responsible for his or her equipment and all personal property during the Retreat and that Instructor is not responsible in any way for such property, whether it is lost, stolen or damaged.
i. Participant therefore agrees to release, forever discharge, and hold harmless Instructor and their employees, agents, teachers, independent contractors, and other representatives, and their heirs, successors, and assigns (“Released Parties”), from liability for any and all Claims (as defined immediately below) relating to or caused by Participant’s participation in Yoga or other Retreat Activities (“Claims”), unless caused by the gross negligence or intentional wrongful act of Instructor. The term “Claims” shall include any and all liabilities, claims, demands, actions, damages, rights of action, and causes of action, of whatever kind or nature, that may now or hereafter exist or arise, arising out of personal injuries, losses suffered, and damages of any kind (including but not limited to direct, indirect, consequential, incidental, punitive, or any other damages), including those known and unknown, developed or undeveloped, and foreseen or unforeseen, relating to or caused by Participant’s participation in Yoga or Retreat Activities. Participant further does hereby release and forever discharge Instructor from any Claims that arise or may hereafter arise related to any first aid, treatment, or service rendered or not rendered in connection with Participant’s involvement in the Retreat. Participant agrees that this waiver and release shall be legally binding upon them personally and their family, estate, heirs, successors, and assigns.
PHOTOGRAPHIC RELEASE
Participant does hereby grant and convey unto Instructor all right, title and interest in any and all photographic images, video or audio recordings made by Instructor during the Retreat, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes Instructor to use such images, words, and likenesses for marketing, on websites, in brochures or other media.
ALTERNATIVE DISPUTE RESOLUTION
Any disputes between the parties relating to the Retreat or this Agreement shall be submitted first to private mediation in Ohio with a private Ohio mediator upon whom the parties agree. If the parties cannot agree upon a mediator, each party will select a mediator and together those mediators will select the mediator to be used. The parties shall share the costs of mediation equally. The parties shall cooperate with the mediator and participate in good faith in the mediation. The parties agree to submit this Agreement to the mediator for their review. If a party is residing outside Ohio at the time of the dispute, they may appear by video conference at the mediation. If mediation is not successful in the opinion of the mediator and the parties cannot reach a resolution themselves, disputes may be submitted to a court as set forth herein.
MODIFICATION OF AGREEMENT
Any future modification, amendment, waiver, or revocation of any provision of this Agreement shall be effective only if it is made in writing and is executed by the parties with the same formality as this Agreement. Any such modification, amendment, waiver, or revocation shall specifically provide what provision of the Agreement it intends to modify, amend, waive, or revoke. No oral modifications, amendments, waivers, or revocations shall be effective. Failure of a party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of subsequent defaults of the same or similar nature or of the other obligations contained in this Agreement.
SEVERABILITY
If any provisions of this Agreement are deemed invalid or unenforceable, such provisions shall be deemed severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement. Consistent with the provisions of this Paragraph, if any provisions are deemed invalid due to their scope or breadth, such provisions shall be deemed valid to the full extent of the applicable law.
ENTIRE AGREEMENT
This Agreement sets forth the entire agreement of the parties regarding the Retreat. All agreements, covenants, representations, and warranties, express or implied, oral or written, of the parties are contained herein. No other agreements, covenants, representations, or warranties, express or implied, oral or written, have been made between the parties regarding the Retreat. All prior, contemporaneous, and future conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties regarding the Retreat are waived, merged herein, or superseded hereby. This is an integrated agreement. If any provision of this Agreement conflicts with language about the Retreat on any website (including the Instructor’s website) or information provided by an airline, travel agency, hotel or resort, or anyone else, this Agreement shall govern.
JURISDICTION, VENUE, AND CONTROLLING LAW
The substantive law of the State of Ohio (and not its law of conflicts) shall govern all questions as to this Agreement’s validity and enforceability and the construction of its provisions, as well as all disputes arising out of this Agreement, unless the parties otherwise agree. The parties do not intend to make this Agreement enforceable in Ohio alone. They intend for this Agreement to be valid and enforceable in any jurisdiction that finds it has jurisdiction over the parties regarding the Retreat, within or without Ohio and the United States. Jurisdiction for disputes arising out of this Agreement shall be in the Ohio courts, with venue in Greene County, unless the parties otherwise agree.
I have read the above release and waiver of liability and fully understand it’s contents as well as the Refund/Cancellation Policies. I voluntarily agree to the terms and conditions stated above.