TERMS AND CONDITIONS
(Read Carefully – This affects any participant’s legal rights)
These Terms and Conditions apply to the yoga retreat in Sacred Valley, Peru scheduled for March 31, 2024 through April 7, 2024, also titled: “Rebirth Through the Chakras” [hereinafter “Retreat”].
1. TERMS OF SERVICES. Retreat pricing includes lodging, airport transfers from Cusco to retreat center, three vegetarian or vegan meals a day, and twice daily yoga/meditation classes taught by Soozie Kinstler [hereinafter “Retreat Leader”]. Airfare, travel insurance, tips, and alcohol are not included. Each Participant is responsible for securing their own travel to and from the Retreat destination. Travel insurance is highly recommended for Participants.
2. RESERVATION. To reserve a place on this Retreat, Participant must complete the registration form, agree to the Terms and Conditions, and complete payment of the deposit. Reservations are only confirmed upon receipt of the deposit or payment in full.
3. PAYMENT. Retreat prices are quoted and payable per person in USD. Panacea Retreats LLC is not responsible for any fees incurred due to currency exchange or fees charged by credit cards or banks for processing funds in another currency. All payments are non-refundable subject to these terms and conditions.
Deposit. A deposit in the amount of $750.00 is due at the time of registration and is required for Participant’s registration to be confirmed. The deposit is applied to the total balance due. Deposits are non-refundable, but may be used towards a future retreat with Panacea Retreats.
Final Payments. Final payment for this Retreat is due December 30, 2023.
4. CANCELLATION POLICIES.
Cancellation due to low enrollment. Panacea Retreats LLC reserves the right to cancel this Retreat due to low enrollment any time before December 30, 2023. Notice of cancellation due to low enrollment will be issued by December 30, 2023. In the event of cancellation due to low enrollment, Panacea Retreats LLC will issue refunds (subject to 3.5% processing fee) of any and all payments, including deposits, made to Panacea Retreats LLC.
Cancellation due to Government Travel Warning or Advisory. Panacea Retreats LLC reserves, in its absolute discretion, the right to cancel any Retreat due to any material change in any government travel warning or advisory. In this event, we will do all we can to transfer any payments you may have made to a future retreat with Panacea Retreats.
Cancellations by Participant. In the event of cancellation by Participant, all payments made are non-refundable. Chargebacks are not an acceptable way to cancel this retreat and will be contested.
5. MODIFICATIONS AND CHANGES.
Panacea Retreats LLC reserves the right to make changes to any aspect of the Retreat if, in the absolute discretion of Panacea Retreats, it is necessary to do so due to conditions that may be hazardous or dangerous or due to any other adverse or threatening conditions such as weather, political, military, terrorist, or otherwise or for any other reason considered necessary by Panacea Retreats LLC. If Retreat Leader is unable to lead the trip for any reason, Panacea Retreats LLC, in its discretion, will enlist another teacher of substantially similar qualifications to lead the Retreat. In the event of any change, postponement, cancellation, or delay, you acknowledge that you will have no right of refund of the Retreat price in whole or in part and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation, postponement or delay.
6. FORCE MAJEURE. If Panacea Retreats LLC is prevented from performing any of its obligations under these Terms and Conditions by acts of God, strikes, trade disputes, fire, weather, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Panacea Retreats LLC’s reasonable control, Panacea Retreats LLC will be under no liability whatsoever to Participant and may either cancel or postpone the Retreat.
7. TRAVEL INSURANCE. Panacea Retreats LLC does not offer travel insurance. Travel insurance is recommended for all Participants. Panacea Retreats LLC suggests a travel insurance policy that covers expenses that might arise as a result of loss, damage, injury, delay, or illness that interrupts or prevents your trip, in addition to coverage against personal accident, death, medical expenses, and emergency repatriation with all recommended minimum coverage of $200,000.00 USD during your trip. Panacea Retreats LLC strongly recommends that you purchase travel insurance that includes a “Cancel Anytime” or “Cancel for Any Reason” policy. Most polices that include “Cancel Anytime” or Cancel for Any Reason” require that the travel insurance is purchased within 14 days of the initial payment made for your trip. Any cancellation not covered by the cancellation policies under these Terms and Conditions shall be the responsibility of the participant.
8. TRAVEL DOCUMENTS. It is the responsibility of each Participant to obtain all required travel documents including passports, Visas, immunizations, and any other travel documents required for international travel, entry into Peru, and re-entry to Participant’s country of origin. Panacea Retreats LLC is not liable for any damages arising from Participant’s failure to obtain any required travel documents for this Retreat. Consult your country’s embassy in Peru for the most up-to-date travel requirements.
9. REPRESENTATION OF GOOD HEALTH AND DISCLOSURE OF PERTINENT INFORMATION. In registering for this Retreat, Participant declares that Participant is in good health, has no physical conditions that affect Participant’s ability to travel and/or participate in any of the activities involved in this Retreat, and Participant has not been advised otherwise by a medical practitioner. Participant acknowledges that Panacea Retreats LLC and/or the Retreat Leaders are in no way responsible for any costs related to Participant’s medical care. Participant shall discuss any pertinent information, including any social, emotional, or physical problems that might limit Participant’s active participation in the Retreat with Panacea Retreats LLC and/or the Retreat Leaders prior to Retreat.
10. USE OF PICTURES AND VIDEOS. By participating in this Retreat, Participant agrees and consents to the use of Participant’s image or likeness by Panacea Retreats for any purpose, including but not limited to internet, electronic, and printed promotional material.
11. ACKNOWLEDGEMENT OF RISKS AND ASSUMPTION OF RESPONSIBILITY. Participant acknowledges that travel to a foreign country may involve many risks not known to Participant or to Panacea Retreats LLC, the Retreat Leader, or anyone else attending or participating in the Retreat. These risks may not be reasonably foreseeable at this time or at the time of the Retreat, and may not normally be associated with travel. Participant knowingly and voluntarily agrees to assume any and all risks associated with such travel.
Participant is aware of and hereby acknowledges the inherent risks associated with the Retreat and/or Retreat activities, including, but not limited to, the risks associated with yoga, mountain or nature excursions, hiking, swimming, foreign travel, and any other activities associated with the Retreat that Participant attending. Participant is aware of the risks of injury, death, and property damage that may result from, among other causes, the acts or omissions of Panacea Retreats LLC, the Retreat Leader, and their owners, operators, officers, employees, independent contractors, representatives, and/or agents. Participant further assumes all risks associated with participation in the Retreat 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.
12. RELEASE AND WAIVER OF LIABILITY. By agreeing to the terms and conditions outlined here and elsewhere on the Panacea Retreats LLC website, I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on this Retreat, including but not limited to claims of any injury, loss, damage, accident, risk of death, delay, irregularity or expense caused by strikes, war, weather, 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. I release Panacea Retreats LLC including its owners, directors, employees, guides, Retreat Leader, yoga teachers, and partners from liability for personal injury, illness, emotional damage, incurred travel expenses or property damage I may incur as a result of participation on this trip.
For the benefit of everyone on the Retreat, Panacea Retreats, LLC 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 trip, it may without any obligation to pay a refund or any other amount whatsoever, expel such participant from the trip. Panacea Retreats, LLC will carry no responsibility or liability for any participant who leaves the trip prior to its conclusion or for any activity undertaken by any participant which is not included on the trip itinerary.
13. COVID-19 ACKNOWLEDGEMENT AND WAIVER OF LIABILITY. The Participant agrees to acknowledge the contagious nature of the Coronavirus Disease 2019 (COVID-19) and the risk that they may be exposed to or infected by COVID-19 by attending the retreat organized by Panacea Retreats LLC. This risk may result from the actions, omissions, or negligence of the Participant and others, including, but not limited to, Panacea Retreats’ staff, volunteers, and other retreat participants.
By signing this agreement, the Participant voluntarily assumes all risks related to the exposure and potential infection of COVID-19. The Participant understands the potential dangers and symptoms of COVID-19, agrees to self-evaluate for symptoms before attending the retreat, and will not attend if they are experiencing any symptoms of illness.
The Participant further agrees to release, covenant not to sue, discharge and indemnify Panacea Retreats, its employees, agents and representatives, from any liabilities, claims, actions, damages, costs or expenses of any kind, arising out of or relating to their participation in the retreat and potential exposure to COVID-19.
The Participant understands and agrees that this release includes any claims based on the actions, omissions, or negligence of Panacea Retreats, its employees, agents and representatives, whether a COVID-19 infection occurs before, during, or after participation in the retreat organized by Panacea Retreats.
14. Understanding Of Parties: The Participant acknowledges that the Retreat Leader engaged by the Company is functioning in the capacity of an Independent Contractor, and is not an employee, agent, joint venturer, or partner of the Company, nor do they have any other legal status with respect to the Company.
Liability: The Participant acknowledges that any legal action, claim, or complaint brought against the Retreat Leader, arising from or relating to their actions, conduct, or services provided, is a matter exclusively between the Participant and the Retreat Leader. The Company shall not be held responsible or liable, either directly or indirectly, for any consequence, claims, actions, costs, damages, or losses brought against the Retreat Leader.
15. CHOICE OF LAW AND VENUE. These Terms and Conditions shall be governed by the laws of the State of Colorado, USA. The parties agree that any lawsuit brought to enforce these Terms and Conditions and/or to recover any alleged damages arising from these Terms and Conditions or from participation in the Retreat must be filed in the Colorado State Court 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.
16. ENFORCEABILITY. These Terms and Conditions are 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 these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms and Conditions shall remain in full force and effect and shall in no way be impaired.