Disclosures & Polices

ACKNOWLEDGMENT OF RISKS AND ASSUMPTION OF RESPONSIBILITY

TRIP INSURANCE IS AN INVESTMENT THAT PROTECTS YOU AND YOUR HARD EARNED VACATION.

Although OhM & K Mindheart Creative has taken reasonable steps to ensure safety, You acknowledge that activities You agree to take part in have risks, including certain risks which cannot be eliminated without destroying the unique character of the activities. The same elements that contribute to the unique character of the activities can cause loss or damage to You including accidental injury, illness or in extreme cases, permanent trauma, disability or death and also can cause damage to or loss of property. 

Activities may vary from trip to trip and may include but are not limited to: yoga, swimming, snorkeling, surfing, hiking, boating, using zip-wires and rope swings, kayaking and being physically active in a variety natural environments with a wide range of surface and atmospheric conditions as well as wildlife.

Your retreat can involve travel to remote places, oftentimes many hours from medical facilities. Transportation, evacuations and medical care can be significantly delayed; communication can be delayed, limited or not available. Environmental risks and hazards include rapidly moving, deep or cold water; insects, snakes and predators, including large animals; falling and rolling rock; lightning, flash floods and unpredictable forces of nature, including weather which may change to extreme conditions without warning. Possible injuries and illnesses include hypothermia, frostbite, high altitude illnesses, sunburn, heatstroke, dehydration and other mild or serious conditions.

Throughout the trip, participants are responsible for their own safety.

With your booking of a retreat, You acknowledge and understand that the activities include risks of injury or death to participants. You understand the description above of these risks is not complete and that other unknown or unanticipated risks may result in property loss, injury or death. You agree to assume responsibility for the inherent risks identified herein and those inherent risks not specifically identified. You acknowledge that participation in activities is purely voluntary, no one is forcing participation and participation is elected with full knowledge of the inherent risks. You therefore assume and accept full responsibility for any injury, death, loss of personal property, and expenses suffered as a result of those inherent risks and dangers identified above, and those inherent risks and dangers not specifically identified and as a result of my negligence in participating in this activity.

We are not medical doctors, so all guests must consult their medical practitioner to ensure they are in appropriate physical and mental condition to participate in the retreat activities and any additional activities guests choose to purchase.

We cannot guarantee that all services, amenities or activities will be available at all times of year. OhM & K Mindheart Creative is not responsible for any losses or damages incurred due to unavailability of services, amenities or activities.

OhM & K Mindheart Creative holds no responsibility for the actions or omissions of third parties or independent contractors, including in the event that they modify the nature of a service on a retreat as compared with the advertised nature of the service.

OUR LIMITS ON LIABILITY: RETREATS, OTHER SERVICES

OhM & K Mindheart Creative disclaims liability arising out of use of the attendance at a retreat, or any other affiliated service or activity. In no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of income, lost booking fees, goodwill, use, data, or travel interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to Your use of or access to, or the inability to use or to access, the site or the services (including your attendance at one of our retreats), regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. We will not be liable for any damages arising from the transactions between You and any third party merchants or service providers or for any information appearing on third party merchant or service provider sites or any other site linked to our Sites. 

ATTENDEE CONDUCT AT RETREATS and MEDICAL INFORMATION

We reserve the right to remove attendees who do not comply with the proper registration, security procedures or requirements of attendee conduct outlined below at any point during a retreat without a refund.

We reserve the right to remove anyone who disobeys any requirements, procedures, policies or regulations of a retreat.

You must not defame, abuse, harass, harm or threaten others, make any bigoted, hateful, or racially offensive statements.

You may not advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person. You may not post or distribute any material that infringes and/or violates any right of a third party or any law or post or distribute any vulgar, obscene, discourteous, or indecent language or images.

If we deem any online, social networking, or other media reference post, article, photo or video regarding a retreat inappropriate, the offender is required to take down the material immediately upon our request for removal. If the posting is made during a retreat, this may be grounds for dismissal from the retreat, removal and preclusion from the Sites and future involvement in OhM & K Mindheart Creative.

Without limitation of the foregoing, OhM & K Mindheart Creative may, in its sole and absolute discretion, remove you or any other attendee from a retreat, without explanation, either before or during a retreat, if such attendee engages in any unlawful, unauthorized, prohibited, improper, or unethical activities, or any other acts or omissions that we deem worthy of Your removal from a retreat.

RELEASE AND WAIVER OF LIABILITY

By booking with OhM & K Mindheart Creative, You represent that you have no physical conditions or medical precautions which would adversely affect your ability to take part in the retreat program or other physical or cultural activities offered by OhM & K Mindheart Creative. You fully understand that your participation in the retreat or other activities could be injurious to your health and you voluntarily assume all risks related to such activities.

By agreeing to the terms outlined here and elsewhere on the OhM & K Mindheart Creative website, You hereby release and discharge Your rights and claims for damages or liabilities that may occur as a result of participation on an OhM & K Mindheart Creative retreat, including but not limited to damages as a result of unexpected occurrences including those from weather, local political situations, wildlife or uncontrollable acts of the weather, including the risk of death. You release M & K Yoga including its owners, directors, employees, guides, retreat leaders and partners from liability for personal injury, illness, emotional damage, incurred travel expenses or property damage You may incur as a result of participation in a retreat.

For the benefit of everyone on your trip, OhM & K Mindheart Creative 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 retreat, it may without any obligation to pay a refund or any other amount whatsoever, expel such participant from the retreat. OhM & K Mindheart Creative 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.

COMPLAINTS

If you have a problem with services offered by OhM & K Mindheart Creative, please inform a member of our team immediately, who will endeavor to put things right. If your complaint cannot be resolved locally, you must advise us in writing on your return within 28 days giving your booking reference number and other relevant information. If you do not follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights in bringing a claim against us. Please note that we cannot be responsible for the individual behavior of any group member or other guest at your accommodation or circumstances outside of our control.

CHANGES TO THESE TERMS OF USE

We reserve the right to amend these Terms of Use at any time. All such changes will take effect once they have been posted on the Sites and You will be deemed to have accepted any such changes by Your use of the Sites after such time.

To contact OhM & K Mindheart Creative, please email us at mk.yoga.info@gmail.com

ACCEPT TERMS: SIGN & DATE BELOW

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