Elise Sept 2 MagicMobility
Elise Sept 2 MagicMobility
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Booking Details: Magic & Mobility Retreat
Room: Eurostar Shared Room at Villa
Price in USD $ (includes cc fee): $1519.25
Status: PAYMENT DUE BY AUGUST 2/2021
1. I am, or will be participating in the yoga classes or health Programs or workshops (“the Programs”), offered by LUXYOGA LLC, incorporated under the laws of New York, USA having its registered office at 99 Spring ST FL 4 NY, NY USA acting for itself and on own behalf of its consultants, SCI Frogs incorporated under the laws of France having its registered office at 695 Chemin Saint Arnoux, Tourrettes Sur Loup, France or any third party directly linked with LUXYOGA (herein after referred to as “LUXYOGA”) during which I will receive information and instructions about yoga and health. These Programs entail intensive physical activity (including but not limited to activities in a heated room of approximately 100 Degrees) and exertion by myself. I recognize that such physical activity and exertion may be difficult and strenuous and may cause or aggravate a physical injury or medical condition. I am fully aware of and accept the risks and hazards involved.
2. I understand that it is my responsibility to consult with and I herewith warrant that I have consulted with a certified physician or doctor prior to and regarding my participating in the Programs. I have received prior unconditional approval to participate in the Programs from a certified physician or doctor. I represent and warrant that I am physically fit and have no medical condition or injury which would prevent my full participation in the Programs.
Please list the previous conditions, ailments, injuries and/or surgeries:
______________________________________________________________________
3. In consideration of being permitted to participate in the Programs , I agree to assume all full responsibility for any risks, conditions, injuries, or damages, known or unknown which I might incur or aggravate as a result of my participating in same.
4. In further consideration of being permitted to participate in the “Programs”, I knowingly, voluntarily, unconditionally and expressly release and waive any claim, demand I may have or acquire against LUXYOGA, for any injury, losses, condition or direct or indirect damages, personal damages that I may sustain as a result of entering or being on the premises or participating in the Programs. Any and all express or implied warranties (whether by law, by advertising or resulting from the Programs) regarding the Programs are expressly excluded and disclaimed by LUXYOGA.
5. I, my heirs or legal representatives, forever release, waive, discharge, and covenant not to sue LUXYOGA or the landlord of any premises at which it may operate, for any injury, condition or death, any losses, personal damages or direct or indirect damages that may arise or is caused by, or is aggravated by reason of my entering to or participation in the Programs or being on the premises.
6. I understand that it is my continuing responsibility to inform the instructor(s) during the Programs of any previous medical conditions, injuries, or surgeries, prior to my first class and at such other times as I acquire information as to the same. Please list the previous conditions, ailments, injuries and/or surgeries.
7. I understand that this Agreement of Release and Waiver of liability is valid during the whole period of the Programs and is not limited to the time that I spend at the LUXYOGA premises. I understand that this Agreement of Release and Waiver of liability is valid and shall also apply to claims, claims for injury, losses, direct or indirect damages, personal damages that I may suffer or assume after the period of the Programs but which are based on events originating from or took place during the period of the Programs.
8. LUXYOGA shall not be liable for failure of travel service suppliers, including but not limited to airlines or hotels to perform the services offered by such suppliers. LUXYOGA does not guarantee or insure the services to be provided by any supplier, the financial position of such suppliers or the reimbursement to you from any loss experienced as a result of the financial condition of such supplier. Except as expressly stated herein, LUXYOGA assumes no responsibility for actions relating to travel services beyond the control of LUXYOGA or its employees. LUXYOGA is not responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, nonperformance, irregularity, or any consequence thereof, which may be occasioned through neglect, or default or any other act or inaction of any supplier of travel products.
9. A deposit of 50% of the total per person cost of the booking is due. The deposit is non-refundable.
10. After payment of the initial deposit, you will receive a booking email with instructions to pay your total retreat payment, minus deposit paid. This remaining 50% balance is due 45 days prior to your retreat. If you are booking within 45 days of your retreat, your full payment will be due within 48 hours after your deposit.
11. If your second 50% payment is not received on time, you initial deposit is subject to forfeit.
12. Credit card payments are accepted with a 2.9% fee.
13. No postponements, refunds or credits are available. You may transfer your reservation to an individual who is not already registered on the retreat.
15. I also understand that I have no claims against LUXYOGA except for monetary refund by reason of refusal to allow me to participate in the Programs.
16. This Agreement, Release and Waiver of liability shall be governed and interpreted in all respects by the law of New York, NY USA without regard to any conflict of law provisions, and, where applicable, shall be subject to compliance with the laws, rules and regulations of New York, NY USA, without regard to its conflicts of law provisions and rules. Subject to the provisions of this clause, I agree that the competent court in New York, NY, USA shall have exclusive jurisdiction to settle any dispute which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, the Agreement or the Programs or otherwise arising in connection with the Agreement or the Programs. I irrevocably waive any objection which I may have now or in the future to the courts of New York, NY USA being nominated for the purpose of this clause on the ground of venue or otherwise and agrees not to claim that any such court is not convenient or appropriate forum. I herewith also waive any right to a trial jury.
17. I hereby grant permission to LUXYOGA for the rights of my image, likeness without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse settings within an unrestricted geographic area. By signing this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the internet or in a public educational setting. I will not be consulted about the use of photographs or video recording for any purpose other than those listed above. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
18. FORCE MAJEURE
LUXYOGA cannot accept responsibility or pay any compensation where the performance or prompt performance of the reservation contract is prevented or affected by reason of circumstances which amount to “force majeure”.
Circumstances amounting to “force majeure” include any event which we could not, even with all due care, foresee or avoid. Such circumstances include the destruction or damage of your accommodation (which cannot reasonably be remedied to a satisfactory standard before the start of your stay) through fire, flood, explosion, storm or other weather damage, break-in, criminal damage, riots or civil strife, industrial action, natural or nuclear disaster, fire, adverse weather conditions, war or threat of war, actual or threatened terrorist activity, epidemic and all similar situations beyond our control.
It is explicitly agreed that an event of force majeure suspends execution of the reciprocal obligations for the parties, and that each party shall pay the expenses resulting therefrom. In particular, the guests alone shall pay the additional expenses that might be incurred for any change in hotel, following the event of force majeure.
I have read the above terms and conditions of the Agreement of Release and Waiver of Liability and fully understand its contents and the consequences thereof. I voluntarily agree unconditionally to the terms and conditions stated above.
Signature of participant__________________________________________
Date________________