Release and Waiver
Before we can practice yoga together, whether it is online or in person, we need you to clearly understand the risks of participating in this yoga retreat (the “Retreat”) with us. The purpose of this release and waiver (the “Waiver”) is to communicate the risks of practicing yoga together in an open and honest way and have you release Tucker Yoga LLC of any liability.
Please be aware that if you do not sign this Waiver and agree to its terms, you will not be able to participate in our Retreat.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
1. Parties. We will refer to Tucker Yoga, LLC. as “Tucker Yoga”, “us” or “we” and we’ll refer to you, the undersigned (electronically or by hand) as “you” or “your”.
2. The Retreat Activities. You will be participating in a Hot Springs Retreat with Tucker Yoga. The Retreat will include many activities, which may involve but are not limited to the following activities (the “Retreat Activities”): yoga classes, swimming, hiking, meditation and other physical activities and adventure-sports.
2.1. During the Retreat Activities, we might do stretching and flexibility training in the form of yoga poses, body weight and strength exercises, breath work, meditation, relaxation and more, but this is your practice so you should do as much or as little as you want.
2.2. The Retreat Activities may involve receiving adjustments from instructors, so please advise in advance if you do not want adjustments.
2.3. As Retreats will be taking place in yoga facilities in a foreign country, we need you to acknowledge that you are responsible for the safe facilitation of the Retreat Activities, and that you further understand and acknowledge that Tucker Yoga is not responsible for the acts or omissions of the owner and operator of any such facilities. Similarly, as many of the Retreat Activities are offered through unaffiliated third-party vendors, you agree and acknowledge that (i) such vendors may have other requirements, including waivers, in connection with such Retreat Activities, (ii) you accept all risk and responsibility associated with such Retreat Activities and (iii) Tucker Yoga is not responsible for the acts or omissions of such third-party vendors in connection with the Retreat Activities or any liability related thereto.
3. Equipment. In the course of the Retreat Activities, you will use a variety of equipment (the “Equipment”), which may include but is not limited to: yoga equipment (such as blocks, bolsters, straps, mats, resistance bands, pillows, dumbbells, foam rollers, and massage balls), cooking equipment, biking equipment, snorkeling equipment, trekking and hiking equipment, as well as any Equipment needed for other physical activities and adventure-sports offered during the Retreat. Please remember to go at your own pace and take care of your body. Please do not use any equipment in a manner inconsistent with the instruction by Tucker Yoga or, where applicable, the third-party vendor offering such Equipment. You agree and acknowledge that Tucker Yoga has no liability to you or any of your affiliates in connection with (i) your use of the Equipment and (ii) any Equipment offered through a third-party vendor or otherwise.
4. Inherent Risks. You understand that participating in the Retreat Activities poses inherent risks, some more obvious or serious than others. These risks can result in serious harm and injuries that could change your quality of life and, in very rare and extreme circumstances, may even result in death. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain or fatigue, you will rest and communicate with the Retreat facilitator as soon as possible.
4.1. Injuries include but are not limited to things like muscle tears, strains, rhabdomyolysis and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, and hearing loss.
4.2. Exposure to and contraction of COVID-19 or other communicable diseases, including as may be passed on via other participants and use of shared space, surfaces or Equipment.
4.3. Additional risks of Retreat Activities for pregnant or post-natal persons to the health of your fetus and your body, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications.
4.4. You understand that by partaking in these Retreat Activities, there may be other risks that can arise. For example, tripping or collision with human or natural elements, sun exposure, dehydration, insects, exposure to infections, diseases, pollutants and other environmental factors. You agree and acknowledge that Tucker Yoga has no liability to you or any of your affiliates in connection with or arising from such risks.
5. Affirmation of Health. By participating in the Retreat Activities with Tucker Yoga, you affirm that you have sought medical advice regarding your fitness or are certain of your ability to practice yoga. If you have any pre-existing medical conditions (e.g. asthma, diabetes, heart disease), physical injuries, weakness, are pregnant, post-natal or post-surgery, you should consult with your doctor first before engaging in the Retreat Activities. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Retreat Activities. You agree to indemnify and hold harmless Tucker Yoga from any liability associated with your failure to comply with the policies, procedures and protocols of the Retreat as in effect from time to time, including in this Waiver.
6. Travel Insurance. We highly recommend the purchase of a Travel Insurance. For this and any other Retreats, the purchase of a Travel Insurance is highly recommended. We advise you to find a policy that covers your needs in case of any accidents, diseases and riskful outcomes.
7. COVID-19 / Infectious Disease. If at any point within 14 days prior to the Retreat, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to join or participate in the Retreat or Retreat Activities and you should consult with your doctor. In addition, if you know or reasonably should know that you are at risk of having or transmitting any infectious disease, you agree to consult with your doctor and to communicate such risk to Tucker Yoga, who may determine in its sole discretion if you may join or participate in the Retreat. You agree to comply with all measures and policies implemented by Tucker Yoga and applicable public health guidelines as updated, including but not limited to wearing masks, personal hygiene and social distancing, and allowing your temperature to be checked before arriving to class.
7.1. Consent to Cooperate with Contact Tracing. You understand and agree that Tucker Yoga may disclose your personal information to the relevant authorities as required by law and policies related to the containment of COVID-19 or any other infectious disease through contact tracing or for other lawful purposes.
7.2 Consent to be Tested. To participate in this Retreat you agree to get tested for Covid-19 or any other variants 24 hours before being involved in any of the activities. In this way, to be able to travel safely with Tucker Yoga. By signing this Agreement, you understand that the costs of such tests are not covered in the price of this Retreat and Tucker Yoga is not responsible for additional expenses that you may incur to provide such tests.
8. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Retreat with Tucker Yoga. Your electronic signature below, and your participation in the Retreat with Tucker Yoga illustrates your voluntary participation and assumption of the risks of the Retreat Activities.
9. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Tucker Yoga, LLC., its members, directors, officers, contractors, employees, volunteers, agents, affiliates, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Tucker Yoga’s negligence, during your participation in the Retreat Activities with Tucker Yoga. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Retreat Activities. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
10. Media Release. You understand that photos and video may be utilized for communications efforts. To that end, You, hereby grant the organizer permission to record the name, likeness, voice, image and/or appearance on the above referenced date or dates of me and to use and publish the pictures, video and digital images and the like without compensation, and You waive any right to inspect or to approve any project that may be created using these materials. Please, let us know if you ever want us to stop using an image of you.
11. Itinerary Changes. You agree that organizers reserve the right to accept or kindly decline the application of a participant at any time, to make changes in the itinerary whenever reputedly necessary for the comfort, convenience, and safety to all participants. In the case that the event is canceled or postponed, organizers shall have no responsibility beyond the refund of money or expenses paid by the participant if the event cannot be rescheduled. Organizers shall not be liable for any cost or expenses for any delay, change in schedule including "“ but not limited to "“ delays, missed flights, failure to comply with visa or health requirements of the city, re-scheduling, and/ or cancellations or overbooking of flights, loss, damage, or injury to property or persons including medical expenses of any kind, death, or expenses occasioned by any act of omission by any supplier providing services to any program participant.
12. Cancelations. In the event of a total retreat cancellation due to unforeseen circumstances, Tucker Yoga, LLC will refund you and/or extend the offer to shift your payment to another retreat. If you choose to cancel your booking or cannot participate for any reason in this retreat, Tucker yoga, LLC is not responsible for offering you any refunds unless we can find someone who can take your place. Sometimes to fill an empty spot last minute we offer a discounted rate. In this instance you will only receive a refund for the discounted amount that the replacement participant paid.
13. Valuables. You agree that we are not responsible for the loss or damage of any personal property you bring to the Retreat.
14. General Legal Provisions. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of North Carolina The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of North Carolina. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver, along with the Retreat Agreement and the Terms and Conditions, Privacy Policy and Disclaimer Agreement, constitute the entire agreement between the parties on the subject matters contemplated herein and therein and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Waiver may be signed electronically, the effect of which will be the same as if we signed the Waiver by hand and the intention of which is that both parties desire to be bound by all the terms of the Waiver.
You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.