Liability Release, Waiver, Assumption of Risk, POLICIES, and non-disclosure
By making a deposit to this retreat or virtual journey, you enter this Liability Release, Waiver, Assumption of Risk (“Waiver”), and Mutual Non-Disclosure with Soul Flow Arts LLC (DBA NaiAsa Institute). As you enter this Waiver, you acknowledge that all parties involved are setting our intentions that only good will come of this contractual union, and that all parties and the Universe will benefit. You agree as follows:
A. FOR RETREATS & VIRTUAL JOURNEYS (where applicable)
1. FOREIGN TRAVEL WAIVER
You acknowledge that travel to foreign countries may involve many risks not known to you or Soul Flow Arts LLC and their owners, operators, officers, employees, independent contractors, representatives, agents, or anyone else attending or participating in a Retreat or other Program. These risks may not be reasonably foreseeable at this time or at the time of the Retreat or Program in which you participate, and may not normally be associated with travel. You knowingly and voluntarily agree to assume any and all risks associated with such travel.
2. ASSUMPTION OF RISK
You are aware of and hereby acknowledge the inherent risks associated with Retreat or Prograre activities, including, but not limited to, the risks associated with yoga, dance, art, hoop, poi, transformative experiences, mountain nature excursions, hiking, swimming, foreign travel, travel to and from retreat location, and any other activities associated with the Retreat or Program you are attending. You are aware of the risks of injury, death, and property damage that may result from, among other causes, the acts or omissions of Soul Flow Arts LLC, and their owners, operators, officers, employees, independent contractors, representatives, and/or agents. I further assume all risks associated with my participation in the Retreat or Program including, without limitation, the risk of negligent or intentional acts or omissions or theft by other participants or third parties, and the risk of injury caused by the condition of any property, facilities or equipment used during the Retreat or Program.
3. RELEASE OF LIABILITY
In exchange for $100 (included in the total payment for the Retreat or Program), you voluntarily and while realizing the full legal significance of my action, waive and release, on behalf of yourself, your heirs and your estate, all claims of whatever nature against Soul Flow Arts LLC, and their owners, operators, officers, employees, independent contractors, representatives, and/or agents including, but not limited to, claims of any injury, loss, damage, accident, delay, irregularity or expense caused by strikes, war, weather, natural disaster, sickness, quarantine, government restrictions, or arising from any act or omission of any steamship, airline, railroad, bus company, hotel, restaurant, school or university, firm, agency or individual, or for any other cause whatsoever arising out of, resulting from or in connection with the Retreat or Program.
4. INDEMINFICATION AND HOLD HARMLESS
It is expressly understood and agreed that Soul Flow Arts LLC is not providing personal chaperones or supervision with respect to this Retreat or Program and that you are responsible for your individual conduct, health and safety at all times. You agree to defend, indemnify and hold harmless Soul Flow Arts LLC, and their owners, operators, officers, employees, independent contractors, representatives, and/or agents for any and all demands, costs, losses, expenses, claims, recoveries, judgments and liabilities (including attorneys’ fees) of any nature arising out of, or in consequence of, your acts, words, conduct, etc. in any way connected with your participation in the Retreat or Program including, but not limited to, damage to property, any injuries or death sustained by any person(s).
5. MODIFICATION OF PROGRAM
You understand that the remoteness of the destination, local custom, natural disasters, political upheaval or other political issues and/or prevailing weather conditions may cause minor inconvenience or modification to portions of the Retreat or Program. Soul Flow Arts LLC reserves the right to modify and/or cancel any tour arrangements due to reasonable circumstances.
6. TRAVEL DOCUMENTS AND INSURANCE
You understand that it is your responsibility to ensure that all necessary travel documents such as passports (at least six (6) months prior to expiration date), visas, and yoga qualifications (if applicable) are obtained and are valid. You understand that Soul Flow Arts LLC reserves the right to require travel insurance for any Retreat or Program and further recommends travel insurance for all Retreats or Programs. Obtaining travel insurance is your responsibility and Soul Flow Arts LLC is not liable for any damages arising from your failure to obtain travel insurance.
7. REPRESENTATION OF GOOD HEALTH
Your are in good health, have no physical conditions that affect your ability to travel and/or participate in any of the activities involved in this Retreat or Program, and you have not been advised otherwise by a medical practitioner. You acknowledge that Soul Flow Arts LLC is in no way responsible for any costs related to my medical care.
8. CHOICE OF LAW; VENUE
This Waiver shall be governed by the laws of the State of Colorado, USA. The parties agree that any lawsuit brought to enforce the terms of this Waiver and/or to recover any alleged damages arising from this Waiver or from participation in a Retreat or Program must be filed in the Circuit Court of Colorado in and for Denver County, and each of the parties consents to the jurisdiction of such court (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue.
9. BROAD CONSTRUCTION
This Waiver is a legally binding agreement and will be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
If any provision of this Waiver is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Waiver shall remain in full force and effect and shall in no way be impaired.
11. KNOWING AND VOLUNTARY EXECUTION
You acknowledge that you have carefully read this Waiver, understand its contents, and understand that this Waiver includes a release of liability and an assumption of the risk. You acknowledge that Soul Flow Arts LLC is materially relying on this waiver and is allowing you to engage in activities including but not limited to yoga, dance, art, hoop, poi, transformative experiences, and mountain nature excursions or any other excursions, etc.
12. USE OF PICTURES AND VIDEOS (applicable for virtual journeys also)
Soul Flow Arts LLC may use any pictures or videos taken of participants during the Retreat or Program. This includes digital images which may be posted on our website. By participating in any Soul Flow Arts LLC Retreat or Program, you agree that you are consenting to the use of your image or likeness by Soul Flow Arts LLC for any purpose, including but not limited to electronic and printed promotional material.
13. DISCLOSURE OF PERTINENT INFORMATION
It is essential that any pertinent information, including any social, emotional or physical problems that might limit your active participation in Soul Flow Arts LLC Retreats or Programs be discussed with the directors prior to acceptance and attendance in a Retreat or Progran. We want this to be a successful experience for the participant and Soul Flow Arts LLC.
*Caution: this is a release of legal rights. Please re-read, if necessary, to ensure your understanding before making your deposit.*
1. Application & Registration
Every retreat or virtual journey may not have the same exact registration or application process. Since our retreats may not be for everyone and we want to ensure a good fit, the process is as follows:
Fill out the application and you'll be notified in 48 hours via email if it's accepted.
Send a deposit to hold your space via credit card and pay your balance in-full within 30 days of your deposit or via installments.
$400 USD deposit holds your space and is non-refundable.
3. Payment of Balance
All payments, whether pay-in-full or installments, must be in US Dollars via credit or debit card.
4. Room Types
Room types vary based on the retreat center, as detailed in each retreat section, and are available on a first-come-first-serve basis. Some rooms book faster than others and we cannot guarantee a certain type of room, nor can we guarantee the possibility of sharing a room. If you would like to share a room and are traveling alone, please indicate that in the application process. We'd be happy to match you up with someone else from the retreat if that is available.
Single means you will have the bungalow to yourself.
Double means 2 people in each bungalow.
Dorm means 3 people in one bungalow.
Each retreat has an arranged group shuttle that is included in the price of the retreat. Please be mindful of the group shuttle pick-up times and plan your flights accordingly (we'll be sharing those shuttle times soon). If you choose to travel on dates or times other than the suggested, we would be happy to help arrange transportation for you but that will be at your own cost. Sometimes flight times require that you stay the night prior to the start date of the retreat. Again, we are happy to support you in booking accommodation, but you are responsible for any additional costs associated with that.
While Soul Flow Arts LLC has never cancelled a retreat yet, there is always the possibility that something could occur that would require us to cancel. If we have to cancel a retreat for any reason, you can request a refund in writing. Soul Flow Arts LLC is not responsible for your expenses incurred in preparation for any canceled retreat, such as airline tickets, loss of work, and/or other costs associated with preparing for your trip.
If you as a retreat participator have to cancel a retreat for any reason, including but not limited to bad weather, natural disasters, acts of terrorism, flight delays or cancellations, illness, health conditions, medical or personal or family or work emergencies or change of mind, the policy is as follows:
$400 deposit will not be refunded. (If you deposited $800, then $400 will be refunded or can be used towards a future retreat, training, or coaching session.)
If you chose to Pay-in-Full and cancel:
more than 90 days in advance of retreat start date, 100% of your payment will be credited towards a future retreat or training, minus non-refundable deposit, will be given.
within 60 days of the retreat start date, 50% of your payment will be credited towards a future retreat or training, minus non-refundable deposit, will be given.
with 30 days or less of the retreat start date, no credit will be given.
If you chose to pay via Installments and cancel:
more than 90 days in advance of retreat start date, 100% of your payments up to that point will be credited towards a future retreat or training, minus non-refundable deposit will be given.
within 60 days of the retreat start date, 50% of your payments up to that point will be credited towards a future retreat or training, minus non-refundable deposit will be given.
with 30 days or less of the retreat start date, no credit will be given
B. VIRTUAL JOURNEYS
We reserve the right to cancel the program at any time for any reason before the start date. Should this be the case, then you will be notified and you can request a refund in writing. Should you need to cancel by the end of 1st month of the journey, no refunds shall be given, and any payments up to that point beyond the non-refundable deposit shall be used as credit towards a future retreat, training, or coaching package. No refunds or credits of any kind will be given for any cancellations after the 1st month; in addition, any remaining installments shall continue to be collected.
*Please re-read, if necessary, to ensure your understanding before making your deposit.*
MUTUAL NON-DISCLOSURE AGREEMENT
This Agreement is made and entered into as of the date deposit You make for this Retreat (the “Effective Date”) by and between Soul Flow Arts, LLC, a Colorado corporation having its principal place of business at POB Box 19034, Boulder, CO 80308 ("Company") and You (the "Second Party").
WHEREAS Company and the Second Party (the “Parties”) have an interest in participating in discussions wherein either Party might share information with the other that the disclosing Party considers to be proprietary and confidential to itself (“Confidential Information”); and
WHEREAS the Parties agree that Confidential Information of a Party might include, but not be limited to that Party’s: (1) business plans, methods, and practices; (2) personnel, customers, and suppliers; (3) inventions, processes, methods, products, patent applications, and other proprietary rights; (4) personal information; or (5) specifications, drawings, sketches, models, samples, tools, computer programs, technical information, or other related information;
NOW, THEREFORE, the Parties agree as follows:
Either Party may disclose Confidential Information to the other Party in confidence provided that the disclosing Party identifies such information as proprietary and confidential either by marking it, in the case of written materials, or, in the case of information that is disclosed orally or written materials that are not marked, by notifying the other Party of the proprietary and confidential nature of the information, such notification to be done orally, by e-mail or written correspondence, or via other means of communication as might be appropriate.
When informed of the proprietary and confidential nature of Confidential Information that has been disclosed by the other Party, the receiving Party (“Recipient”) shall, for a period of three (3) years from the date of disclosure, refrain from disclosing such Confidential Information to any contractor or other third party without prior, written approval from the disclosing Party and shall protect such Confidential Information from inadvertent disclosure to a third party using the same care and diligence that the Recipient uses to protect its own proprietary and confidential information, but in no case less than reasonable care. The Recipient shall ensure that each of its employees, officers, directors, or agents who has access to Confidential Information disclosed under this Agreement is informed of its proprietary and confidential nature and is required to abide by the terms of this Agreement. The Recipient of Confidential Information disclosed under this Agreement shall promptly notify the disclosing Party of any disclosure of such Confidential Information in violation of this Agreement or of any subpoena or other legal process requiring production or disclosure of said Confidential Information.
All Confidential Information disclosed under this Agreement shall be and remain the property of the disclosing Party and nothing contained in this Agreement shall be construed as granting or conferring any rights to such Confidential Information on the other Party. The Recipient shall honor any request from the disclosing Party to promptly return or destroy all copies of Confidential Information disclosed under this Agreement and all notes related to such Confidential Information. The Parties agree that the disclosing Party will suffer irreparable injury if its Confidential Information is made public, released to a third party, or otherwise disclosed in breach of this Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction.
The terms of this Agreement shall not be construed to limit either Party’s right to develop independently or acquire products without use of the other Party’s Confidential Information. The disclosing party acknowledges that the Recipient may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the Confidential Information. Nothing in this Agreement will prohibit the Recipient from developing or having developed for it products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information provided that the Recipient does not violate any of its obligations under this Agreement in connection with such development.
Notwithstanding the above, the Parties agree that information shall not be deemed Confidential Information and the Recipient shall have no obligation to hold in confidence such information, where such information:
Is already known to the Recipient, having been disclosed to the Recipient by a third party without such third party having an obligation of confidentiality to the disclosing Party; or
Is or becomes publicly known through no wrongful act of the Recipient, its employees, officers, directors, or agents; or
Is independently developed by the Recipient without reference to any Confidential Information disclosed hereunder; or
Is approved for release (and only to the extent so approved) by the disclosing Party; or
Is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law.
Nothing in this Agreement shall be construed to constitute an agency, partnership, joint venture, or other similar relationship between the Parties.
Neither Party will, without prior approval of the other Party, make any public announcement of or otherwise disclose the existence or the terms of this Agreement.
This Agreement contains the entire agreement between the Parties and in no way creates an obligation for either Party to disclose information to the other Party or to enter into any other agreement.
This Agreement shall remain in effect for a period of two (2) years from the Effective Date unless otherwise terminated by either Party giving notice to the other of its desire to terminate this Agreement. The requirement to protect Confidential Information disclosed under this Agreement shall survive termination of this Agreement.
*Please re-read, if necessary, to ensure your understanding before making your deposit.*