TERMS OF SERVICE
This page will answer your questions regarding Niyama terms of service. It is your responsibility to fully understand the terms and conditions for each of our retreats set out at www.niyamamountainretreat.com (henceforth referred to as “the website”). Should you have questions regarding the terms and conditions of Niyama, we are available for consultation and would be happy to clarify any areas in advance of signing a contract with us.
PAYMENT TERMS, CANCELLATIONS + ITINERARY CHANGES
1. Retreat Pricing + Itinerary Changes
Prices include retreat costs only; they do not include airfare to and from the retreat and ground transportation.
While every effort is made to keep to all published itineraries, we reserve the right to make changes for your convenience. In some cases, weather conditions or “acts of god” (e.g. pandemic) can necessitate an alteration in the event itinerary, such as the dates of the retreat and/or activities listed on the itinerary..
2. Retreat Payment
Payment is due in full at time of arrival.
3. Niyama reserves the right to make any changes deemed necessary; including, but not limited to: Niyama staffing assignments, advertised excursions, arranged transportation, advertised meals, etc. In the rare case of a Niyama retreat cancellation, Niyama will offer a transfer to another Niyama retreat or a full refund of your payment to Niyama. Niyama is not responsible for any expenses or damages incurred as a result of retreat cancellation including preparation costs, airline tickets, travel documents or other expenses.
TRIP INSURANCE & DOCUMENTS
4. Trip Insurance
We HIGHLY recommend purchasing trip insurance. Please note Niyama is NOT responsible for denied claims or insufficient coverage as we are NOT a trip insurance agency.
Niyama will not be held responsible for any delay, additional expense or inconvenience that may be caused directly or indirectly by events outside of our control (ie: late arrival/departure of flights, civil disturbance, fire, flood, cyclones, severe weather, acts of God, and acts of government, machinery or equipment failure, or cancellations for any reason.) No refunds will be given for “no shows” or days not used resulting from the above aforementioned.
5. Assumption of Risk
I acknowledge that I have voluntarily enrolled to participate in Niyama retreat. In consideration of Niyama allowing me to participate in Niyama retreats, 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 at 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 Niyama and any employees, guides, agents or representatives (“the releasees”) for any personal injury, death, property damage or loss or any nature suffered by me as a result of participation in any activity on the retreat. I release from liability Niyama for any cause whatsoever including those arising out of, or in any way connected to or occasioned by the negligence of the releasees.
The terrain and natural areas are subject to natural forces which result in obstacles and hazards. In some instances activities that contain water can be cold and/or turbulent and extended immersion can be life threatening. Risks can include but are not limited to:
i) Isolation: Niyama retreats may be in wilderness and natural areas which may not be regularly patrolled, communication may be difficult and rescue and medical treatment may not be available for hours.
ii) Animals: Niyama retreats may include hiking in natural areas which may result in encounters with wild animals and insects which may injure or kill.
iii) Weather: conditions vary from retreat to retreat and may include but rapid and/or extreme changes presenting significant challenges.
iv) Environmental Risks and Hazards: varying from retreat to retreat and may include but are not limited to: rapidly moving, deep or cold water; insects, snakes and predators, including large animals; falling and rolling rock; lightning, flash floods and unpredictable forces of nature, including weather which may change to extreme conditions without warning. Possible injuries and illnesses include hypothermia, frostbite, high altitude illnesses, sunburn, heatstroke, dehydration and other mild or serious conditions.
v) Activities: varying from retreat to retreat and may include but are not limited to: hiking, backpacking and climbing in a wide variety of environments including on rock, snow and ice.
Throughout the retreat, participants are responsible for their own safety.
I acknowledge the enjoyment and challenge I receive from the activities of this Niyama retreat and the wilderness and natural outdoor experience, its isolation and the opportunity to experience wildlife and nature in a natural surrounding and state, and emotional experiences resulting from personal growth exploration, this is my reason for participating in Niyama retreats, and I voluntarily assume all risks associated with these activities and freely waive any and all legal rights that I may have against the releasees.
PHYSICAL TRAINING RELEASE OF LIABILITY
6. 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 Niyama, their principals, 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.
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 Yoga Activist 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 main building, and/or any area selected for training.
7. Food Allergies and Allergies Notification, Acknowledgement, and Release of Liability
An environment free of allergens, including but not limited to food allergens, CANNOT be guaranteed on a Niyama retreat. Therefore, the released parties cannot guarantee that any particular food product is free of all traces of any particular allergen, that consumption of a food product will not result in some form of allergic reaction, or that the participant will not come into contact with any allergens while in attendance on Niyama retreats. The undersigned acknowledges and agrees that i) she/he is aware of such risks and that participation in the event will expose the participant to food, activities and persons that may result in exposure to allergens and injury and, in that regard and assuming such risks, the undersigned hereby fully releases and discharges the Released Parties from any and all liability and/or responsibility to the participant, the undersigned, or any third party for death and/or injuries to the participant, and/or any direct, indirect, punitive, incidental, or any damages that arise out of or relate to participant’s participation in Niyama retreats and/or exposure to food allergens.
8. Permission for Capture and Use
Media is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, I grant to Niyama 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 Niyama 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.
9. Release and Waiver of Liability
As consideration for being permitted by Niyama to participate in these activities, 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 Niyama, their affiliates, 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 Niyama retreats. I hereby release Niyama, 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 Niyama retreats.
I am medically, physically, emotionally and in all respects fit and able to participate in Niyama 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 Niyama.
I acknowledge that Niyama may make suggestions from time to time that are intended to help me and my well-being. However I take ultimate responsibility for my choices and realize that Niyama is not licensed medical provider and that I must consult my doctor.
If I experience pain or discomfort during the retreat, I will modify Niyama instruction to suit my individual needs. I will not hold Niyama 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 Niyama is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.
For the benefit of everyone on your Niyama retreat, Niyama reserves the right to accept or reject any participant at any time without liability, and in the event it determines, in its sole and exclusive discretion, that a participant is disruptive to the harmony of the retreat, it may without any obligation to pay a refund or any other amount whatsoever, expel such participant from the retreat. Niyama will carry no responsibility or liability for any participant who leaves the retreat prior to its conclusion or for any activity undertaken by any participant which is not included on the retreat itinerary.
10. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death.
Niyama cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing Niyama's services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Niyama's services and/or enter onto Niyama's premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
By agreeing to the terms outlined here and elsewhere on the Niyama website I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation in a Niyama retreat.