Terms & Conditions
HATHAVIDYA YOGA RETREAT TERMS AND CONDITIONS
This agreement states the terms and conditions for the yoga teacher training (the “Training”) offered by Hathavidya, LLC (“Hathavidya,” or “we”), scheduled to take place from ______________ (start date) through ______________ (end date) at ________________________ (location). In consideration for the services provided by Hathavidya in connection with the Training, the undersigned participant (“Participant” or “you”), on behalf of him/herself, Participant’s spouse, children, parents, heirs,
assigns, personal representative(s), and estate agrees to the following terms:
1. Release of Liability. Participant acknowledges that participation in yoga practice and related activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, damage to personal property, or property damage
or physical or emotional injury to third parties.
Participant acknowledges that participation in yoga practice and related activities during the Training includes, without limitation, risks of injury from: falls due to slipping, loss of balance, other participants falling on or into and/or colliding with Participant; equipment failures; prior or recurring injuries of Participant that are
aggravated by yoga practice or related activities; new conditions arising during the Training as a result of chronic or acute injury or other cause; over-stretching; hyperextension of joints; proper or improper form in yoga postures; performing yogic breathing exercises including, without limitation, exercises that result in alteration of
Participant’s breathing patterns; injuries resulting from outdoor activities, including but not limited to hiking, cycling, and/or immersion in water; musculoskeletal injuries including, without limitation, injuries to the head, neck and back or any other body part; injuries to internal organs; the negligence or gross negligence of other Training participants; the negligence or gross negligence of any facility at which the Training takes place or its contractors, employees or other agents; or the negligence or gross negligence of Hathavidya and/or any teacher providing services at the Training.
Participant agrees that his/her participation in the Training is voluntary, and Participant elects to participate in the Training despite the risks involved.
2. Representation of Health. Participant’s entry into this agreement, and participation in
the Training, is a certification that Participant is sufficiently physically fit to participate in the Training and/or that a licensed medical doctor has verified Participant’s physical condition for participation in the Training. If you are suffering from any injury that may affect your ability to participate in the Training, or if you are pregnant, become pregnant or are up to one year post-natal, you agree to notify Hathavidya of such condition and certify that you are participating in the Training with your doctor’s full approval. If you suffer any injury between the time you enter into this agreement and the conclusion of the Training you will immediately notify Hathavidya of this injury and will consult a licensed medical doctor to determine whether your participation in the Training is recommended.
3. Strict No Refund Policy And Commitment to Pay Full Tuition. Hathavidya has a strict no refund policy, and payments made for this Training are not transferable to any other training, retreat or service provided by Hathavidya, its owners, the facility at which the Training takes place, or any teachers participating in the Training. By signing this Agreement, you acknowledge that you are committing to pay the full tuition for the Training, even if you later choose not to attend the Training. All payments, whether you are attending or later choose not to attend, must be completed on or before the first session of the Training.
Although Hathavidya seeks to accommodate its students, Hathavidya is not able to absorb the cost of cancellations. In order to provide the Training, Hathavidya must reserve and pre-pay for facilities, agree to specific rates of pay with the teachers participating in the Training, maintain insurance, make travel plans and
pay travel expenses for the teachers who are participating in the Training, and determine, based on the number of participants, whether the Training will go forward (see paragraph 4 below). Because Hathavidya incurs fixed, non-refundable costs, sets the rate that all participants pay for the Training, and enters into legally binding agreements in reliance on your commitment to participate in the Training, Hathavidya cannot accommodate a cancellation. Therefore, you should only sign up for the Training if you are certain that you will be able to attend.
4. Minimum Enrollment. We reserve the right to postpone or cancel the Training, at our sole discretion and at a time of our choosing, in the event of insufficient enrollment. If we postpone or cancel the Training any payments you have made toward the Training will be transferred to a future training, retreat or service or be refunded.
5. Use of Written Materials. As part of your Training, Hathavidya may provide to you written materials, including manuals. Those materials are proprietary and their authorship or arrangement is the intellectual property of Hathavidya. You agree not to reproduce or
disseminate any of the written materials without the express written consent of Hathavidya.
6. Photographs and Videos. Hathavidya may take photographs or videos of the Training for advertising, promotional or other purposes. Hathavidya reserves the right to use any such photographs or videos in its advertising, displays, publicity materials and publications without obtaining further consent from Participant, and Participant consents to such use.
7. What the Training Includes. The Training includes yoga practice, lectures, written materials and equipment.
8. What the Training Does Not Include. The Training does not include any of the following, which you must procure at your own cost in addition to the tuition for the Training: airfare and/or ground transportation to and from the Training, texts and reference books, the cost of any external activities you engage in, or amenities or upgrades you choose, beyond that which is provided at the Training, passports or other necessary travel documentation, medical evaluations and vaccinations if such are recommended or required for the country or geographical area where the Training will take place, and any necessary or optional insurance, including without limitation medical insurance and travel insurance.
9. Dismissal Policy. The development and monitoring of personal practice (“Sadhana”) is an integral part of the Training. Sadhana journals must be handed in monthly. If Participant missing submitting their journal one month, they will receive a written notice. If a second month is missed, Participant will be dismissed from the program.
10. Miscellaneous. This agreement contains the entire understanding between the parties, and supersedes any prior oral or written negotiations or discussions about the subject matter of this agreement. The terms of this agreement may only be amended by a writing, signed by both Participant and Hathavidya. Participant hereby agrees to hold harmless and indemnify Hathavidya, and any entity or person released in Paragraph 1 of this agreement, for any expenses, including attorneys’ fees, costs and expenses incurred as a result of any violation of this agreement by Participant, including any lawsuit brought in violation of Paragraph 1 of this agreement. In the event of any dispute arising out of or relating to this agreement and/or the Training, Participant and Hathavidya agree that the sole and exclusive venue for such a dispute shall be in a state or federal court in Miami, Florida and such dispute shall be decided under the laws of Florida without regard to conflict of law principles. Participant consents to the jurisdiction of the state and federal courts in Miami, Florida. This agreement is deemed to have been made in Miami, and the parties’ relationship shall be deemed located in Miami because, among other things, Hathavidya prepared all materials and lesson plans for the Training in Miami and Hathavidya will provide continuing services in connection with the Training in or from Miami. You waive any objections you may have under any law, including Florida law, to the selection of Miami as the forum for any disputes arising out of or relating to this agreement. If any provision of this agreement, in whole or in part, is found by a court or other adjudicating body to be unenforceable or otherwise void, the remainder of such provision and this agreement will remain operative and binding on the parties.
Participant has read, fully understands, and agrees the terms of this agreement.
Participant certifies that he or she is 18 years of age or older and is competent to contract in his or her own name.