Retreat Terms and Conditions
Referred to herein as “Participant”. Jointly referred to as “parties” or individually as “party.”WHEREAS, NOMADIC BLESSINGS 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. NOMADIC BLESSINGS shall provide Participant with accommodations in the yoga retreat (“the Retreat”). During the Retreat, NOMADIC BLESSINGS will provide Participant daily workshops, yoga session(s), Sound Journeys, room (personal or shared), all meals listed, and all other activities listed within the retreat guidelines.
2. TERM. The term of this agreement commences upon signature and expires at the end of 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 (a third of the total cost) is 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 30 days prior to the start of the Retreat.
4. CANCELLATIONS. NOMADIC BLESSINGS reserves the right to make any changes deemed necessary, including Retreat cancellation as per NOMADIC BLESSINGS Terms and Conditions. All requests for cancellation by Participant must be submitted in writing, via email at the following email address: nomadicblessings@gmail.com
a. The Participant shall forfeit the Non-Refundable Deposit (a third of the total room cost stated when booking) and Administration Fee of £200 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 up to and including 61 Days Prior to Start Date of Retreat: In the event Participant cancels this Agreement up to and including 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 60 Days Prior to Start Date of Retreat. Participant will not be entitled to any refunds whatsoever if Participant cancels this Agreement less than 60 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. 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. The COVID-19 test can be done by either PCR, ANTIGEN or at home LATERAL FLOW kits.
6. THIRD PARTY VENDORS. Third party vendors may be contracted to provide lodging, transportation, catering, meals, and/or other services. Participant understands and acknowledges NOMADIC BLESSINGS 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 NOMADIC BLESSINGS.
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 United Kingdom and the parties agree to the exclusive jurisdiction of Scotland.
10. DAMAGE TO PROPERTY. In the event that the participant damages the property and/or the possessions and items within the property, the participant must pay for the damage costs. NOMADIC BLESSINGS is not responsible for the damage made to or within the property by such participant and therefore will not pay for the damage. The participant must pay damage costs to the property owner directly.
11. RIGHT TO REFUSE SERVICE. NOMADIC BLESSINGS 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 Retreat, NOMADIC BLESSINGS may decline Participant from taking part of the Retreat if Participant displays violent behavior, including, but not limited to language and/or actions. NOMADIC BLESSINGS 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.
12. NO WARRANTIES. NOMADIC BLESSINGS 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 Mónika Arany, or other volunteers, will be personally leading the Retreat;
c. The time spent at any given location on the Retreat;
d. Photos taken and/or posted on NOMADIC BLESSINGS website and social media channels or visiting any specific sites shown on photos on NOMADIC BLESSINGS website and social media channels;
e. The quality of workouts, skill sessions, or other subjective experiences on the Retreat; or
f. Any other aspect of the Retreat.
13. INSURANCE. Participant is strongly advised to obtain travel, medical, accident, cancellation, and baggage insurance independently, especially if traveling from abroad. NOMADIC BLESSINGS will not provide Participant with any insurance aforementioned and it is the sole responsibility of Participant to obtain.
14. ALLERGY DISCLAIMER.NOMADIC BLESSINGS contracts third party vendors to provide catering and meals and room and board to Participant, as such, JESS MACKENZIE YOGA 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.
15. ROOMS AND ACCOMMODATIONS. NOMADIC BLESSINGS 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 NOMADIC BLESSINGS and NOMADIC BLESSINGS is not responsible for providing security to Participants. NOMADIC BLESSINGS 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 NOMADIC BLESSINGS 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.
16. PERSONAL EXPENSES. Participant shall be responsible for personal excursions, personal expenses, souvenirs, and anything else which is not expressly included in the Retreat by NOMADIC BLESSINGS.
17. CANCELLATION DUE TO TRAVEL CONDITIONS.NOMADIC BLESSINGS 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, missed or cancelled bus's or trains, 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 Losses due to cancellations.
18. PUBLICATION RELEASE. Participant may be photographed, audio-recorded and/or video-recorded during the Retreat. NOMADIC BLESSINGS reserves the right to publish any such photographs, audio recordings, and video recordings without obtaining further consent from any participant.
Participant authorizes NOMADIC BLESSINGS to use such recordings or images by NOMADIC BLESSINGS in the course of business, for any lawful purpose, including for use on NOMADIC BLESSINGS’s website, social media channels and marketing materials. Participant releases NOMADIC BLESSINGS and its representatives from any liability in connection with any such use of such photographs, audio recordings, and video recordings.
19. 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. NOMADIC BLESSINGS 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.
20. 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 NOMADIC BLESSINGS, 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 NOMADIC BLESSINGS AND ITS OFFICERS, AGENTS, VOLUNTEERS, AFFILIATES, AND EMPLOYEES.
PARTICIPANT FURTHER HEREBY AGREES TO INDEMNIFY AND HOLD NOMADIC BLESSINGS, 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 NOMADIC BLESSINGS 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 NOMADIC BLESSINGS, 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.