Waiver of Liability, Assumption of Risk, and Indemnity Agreement
HOMEGROWN POWER YOGA ADVENTURES, LLC
PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT. BY SIGNING UP FOR ANY HPY ADVENTURES RETREATS, YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
This Waiver of Liability and Assumption of Risk Agreement (“Agreement”) is entered into by any signed up participant (“Participant”) in favor of Homegrown Power Yoga Adventures, LLC, a Virginia limited liability company, including its members, officers, employees, agents, contractors, instructors, and affiliates (collectively, “HPY Adventures”).
1. VOLUNTARY PARTICIPATION AND MEDICAL ACKNOWLEDGMENT. I understand that participation in the Home Power Yoga Adventures retreat (“Retreat”) may involve a wide range of physical, outdoor, and recreational activities, including but not limited to yoga classes, meditation, surfing, paddleboarding, jungle hikes, swimming, excursions, transportation, and communal meals (collectively, “Retreat Activities”). I acknowledge that these activities may be physically and emotionally demanding and may take place in varied environments, including beaches, rural terrain, open water, and tropical climates, which may pose additional or unique risks.
I certify that I am voluntarily participating in the Retreat and Retreat Activities and that I am physically and mentally fit to do so. I further acknowledge and agree:
a. I have consulted with a qualified healthcare professional and have been advised that I am capable of safely participating in Retreat Activities and traveling internationally; or
b. I voluntarily assume all responsibility for consulting a healthcare provider in advance;
c. I understand that it is my responsibility to disclose any medical conditions, injuries, limitations, dietary needs, or allergies to HPY Adventures staff or facilitators before and during the Retreat. I further acknowledge that the Retreat will take place in a remote location where access to emergency medical services may be delayed or limited, and that I am solely responsible for bringing any necessary medications, equipment, or support items required for my health and well-being.
2. ASSUMPTION OF RISK. I understand and acknowledge that participation in the Retreat Activities involves physical, environmental, and logistical risks that may result in personal injury, illness, property damage, emotional distress, or death. These risks include, but are not limited to: slips, trips, or falls; injuries from yoga, surfing, paddleboarding, swimming, hiking, or other physical exertion; exposure to allergens, tropical insects, wildlife, sun, or communicable diseases; unpredictable weather, tides, or terrain; food-related sensitivities; and risks associated with communal lodging, shared dining, or group transportation in a foreign country.
I further understand that the Retreat may take place in a rural and remote international location, where medical facilities, emergency response services, and access to pharmacies or hospitals may be limited, delayed, or unavailable. Language differences, unfamiliar legal or healthcare systems, and transportation logistics may further complicate emergency care or evacuation.
I voluntarily assume all such risks—whether known or unknown, anticipated or unforeseen—and accept full responsibility for any resulting harm, including injury, illness, psychological effects, property loss, or death, that may occur during and/or as a result of my participation in the Retreat.
3. WAIVER OF LIABILITY FOR TRANSPORTATION. As part of the Retreat, HPY Adventures may arrange or facilitate transportation for participants, including airport transfers, shuttles to and from the retreat location, and travel between scheduled activities or excursions with a Third-Party Transportation Providers (“Transportation Providers”). I acknowledge and expressly agree:
a. The Transportation Providers are not employees, agents, or representatives of HPY Adventures;
b. HPY Adventures does not own, operate, supervise, control, inspect, or warrant the safety, qualifications, licensing, insurance, training, vehicles, or operations of such Transportation Providers;
c. Such services may be subject to local laws and safety standards that differ from those in the United States, and HPY Adventures has no ability or obligation to impose additional standards;
d. Any representation, assurance, or service provided by a Third-Party Transportation Provider is strictly between the Participant and the provider, and HPY Adventures disclaims all warranties and responsibilities related thereto;
e. HPY Adventures shall have no liability whatsoever for any claim, loss, damage, personal injury, illness, accident, delay, or death arising out of or relating to the acts, omissions, negligence, recklessness, or misconduct of any Transportation Provider
f. I waive, release, and discharge HPY Adventures and its members, officers, employees, and affiliates from any and all claims, causes of action, or damages resulting from or related to my use of transportation arranged through or in connection with the Retreat, whether occurring before, during, or after the Retreat;
g. I voluntarily assume all risks associated with retreat-related transportation,—whether known or unknown, anticipated or unforeseen—including but not limited to: vehicular accidents, personal injury, delays, traffic conditions, road hazards, poor infrastructure, driver error, weather-related issues, and unanticipated changes to travel plans.
4. LODGING AND ACCOMMODATION WAIVER. I understand that as part of the Retreat, HPY Adventures may arrange lodging through third-party accommodations (“Lodging Providers”), including but not limited to hotels, guesthouses, eco-lodges, or resorts. I acknowledge and expressly agree to the following:
a. The Lodging Providers are independent third-party entities, and are not owned, operated, controlled, or managed by HPY Adventures. HPY Adventures does not employ, supervise, or train any resort or hotel staff, and does not control the condition, cleanliness, maintenance, safety, security, food preparation, sanitation, water quality, pest control, or other standards of these facilities.
b. I understand that accommodations, amenities, and hospitality standards may vary from those customarily expected in the United States, and that local customs, resources, and environmental factors may impact comfort and service delivery. I accept that some lodging may include limited air conditioning, intermittent hot water or electricity, limited Wi-Fi, insects or animals, or other environmental factors beyond the control of HPY Adventures.
c. I agree to abide by all rules, regulations, and policies of the designated Lodging Providers during my stay, including but not limited to those concerning quiet hours, alcohol or substance use, property access, shared space etiquette, meal times, facility usage, and safety protocols. I understand that these policies are established by the Lodging Providers and are subject to enforcement by their management. I acknowledge that failure to comply with such rules may result in consequences imposed by the lodging provider, including removal from the premises, and that HPY Adventures is not responsible for any action taken against me by the lodging provider due to my noncompliance.
d. I voluntarily assume all risks associated with staying at the designated lodging facility, including but not limited to: illness, allergic reaction, injury, foodborne illness, contamination, theft, water quality, or accidents occurring on the property or due to conditions of the lodging or surrounding area.
e. I hereby waive, release, and discharge HPY Adventures, its members, officers, staff, and affiliates from any and all liability for any injury, illness, loss, dissatisfaction, or damage arising from or relating to my lodging accommodations, including any act or omission of the Lodging Providers or its employees.
5. WAIVER, RELEASE, AND DISCHARGE. In consideration of being permitted to participate in the Retreat Activities, I hereby:
I. Waive and release all claims against HPY Adventures for any injury, illness, death, property damage, or other losses related to my participation, except for claims arising from gross negligence or willful misconduct.
II. Acknowledge this release binds my estate, heirs, executors, legal representatives, and assigns.
6. CANCELLATION – HPY Adventures reserves the right to cancel at its sole discretion, including but not limited to due to low-enrollment. All retreat payments made to HPY Adventures are non-refundable, except as specifically provided below. Due to the limited number of spaces available, the upfront costs incurred in organizing each retreat, and the reliance on participant attendance for covering lodging, transportation, and vendor commitments, all cancellations are subject to the following refund policy:
a. Cancellation More Than Sixty (60) Days Before the Scheduled Retreat Start Date: If written notice of cancellation is received more than sixty (60) calendar days prior to the scheduled departure or start date of the Retreat, Participant shall be entitled to thirty percent (30%) refund of the total retreat payment due (excluding any non-refundable processing or administrative fees).
b. Cancellation sixty (60) Days or less, Before the Scheduled Retreat Start Date: If written notice of cancellation is received sixty (60) days or less but more than thirty (30) days before the scheduled retreat start date, Participant shall be entitled to a ten percent (10%) refund of the total retreat payment due (excluding any non-refundable processing or administrative fees).
c. No Refund for Non-Attendance or Late Arrivals: No refund shall be issued for cancellations made within thirty (30) days of the retreat start date, for no-shows, for late arrivals, or for early departures, regardless of reason.
d. Refunds Subject to Conditions: Refunds will be issued only if the participant’s spot can be filled from a waitlist or substitute. HPY Adventures reserves the right to deduct any non-recoverable expenses already paid to third-party vendors (e.g., lodging, transportation, meals, local guides) from any refund amount.
7. FORCE MAJURE – HPY Adventures shall not be held liable for any delay, failure to perform, change in itinerary, cancellation, partial cancellation, or interruption of services due to any cause beyond its reasonable control, including but not limited to:
a. Acts of God (including hurricanes, floods, earthquakes, wildfires, tsunamis, and other natural disasters);
b. Public health emergencies, pandemics, epidemics, or the imposition of quarantine or travel restrictions (including but not limited to COVID-19 or similar communicable diseases);
c. War, hostilities, civil unrest, political instability, acts of terrorism, government actions, or state of emergency declarations;
d. Strikes, labor disputes, work stoppages, or lockouts;
e. Airline or transportation delays, cancellations, or mechanical failures (whether international or local);
f. Power outages, internet or communication failures, or infrastructure disruptions;
g. Mandatory closures or unavailability of the retreat venue, resort, or local service providers (including third-party vendors, excursion operators, or food providers);
h. Currency restrictions, embargoes, or changes in local laws or regulations impacting the feasibility or legality of the Retreat.
In the event of such a Force Majeure occurrence, HPY Adventures reserves the right to modify, reschedule, or cancel any portion of the Retreat in its sole discretion and without liability. Reasonable efforts will be made to offer alternative arrangements, but HPY Adventures is under no obligation to provide refunds or reimbursements for any costs incurred as a result of a Force Majeure event, except as required by applicable law.
Participants acknowledge and accept that travel and retreat activities inherently involve unpredictable conditions and agree that HPY Adventures shall not be responsible for any losses, injuries, damages, or delays arising from such events.
8. INDEMNIFICATION To the fullest extent allowed by law, I agree to indemnify, defend, and hold harmless HPY Adventures and its affiliates from any claims, liabilities, costs, or damages (including legal fees) arising from: (a) My participation in Retreat Activities; (b) My actions or omissions that result in injury to others; (c) My failure to comply with retreat policies, health guidelines, or applicable laws; (d) My breach of this Agreement; (e) My use or misuse of HPY Adventures equipment, facilities, transportation, or materials; (f) Any third-party claim stemming from my conduct during the retreat. This indemnity shall survive the termination of this Agreement.
9. INSURANCE I acknowledge that HPY Adventures does not provide insurance and I am solely responsible for maintaining sufficient health, travel, and accident insurance coverage during the retreat.
10. COMPANY POLICIES As a condition of participating in the Retreat Activities, I understand and agree to uphold the following standards of conduct throughout the duration of the program, including during travel, group activities, excursions, shared accommodations, and interactions with fellow participants, facilitators, and third-party vendors:
a. Respectful Conduct: I will conduct myself in a respectful, courteous, and cooperative manner. I understand that disruptive, aggressive, discriminatory, or inappropriate behavior toward others may result in my removal from the Retreat without refund.
b. Consideration for Group Dynamics: I will be mindful of the shared nature of the retreat experience, including communal spaces and group activities. I will respect the time, space, privacy, and participation of others, and will not engage in conduct that disturbs or negatively impacts the retreat environment.
c. Compliance with Local Laws and Cultural Norms: I will comply with the laws and regulations of the host county and local community.
d. Personal Boundaries and Consent: I will respect personal boundaries and will not engage in any physical, verbal, or social conduct without clear mutual consent. I understand that harassment, bullying, intimidation, or unwanted attention of any kind is strictly prohibited.
e. Adherence to Instructions and Safety Guidelines: I will follow all reasonable directions given by HPY Adventures staff, facilitators, and third-party providers. This includes safety protocols, activity guidelines, group expectations, and health-related requirements.
f. Responsibility for My Actions: I understand that I am responsible for my own behavior and its impact on the group. I agree that HPY Adventures may remove me from the Retreat at its sole discretion if my conduct is found to violate these standards or jeopardize the safety, comfort, or integrity of the program.
11. PERSONAL PROPERTY AND VALUABLES DISCLAIMER. I understand and agree that I am solely responsible for the security, care, and custody of my personal belongings, including but not limited to luggage, electronics, jewelry, documents, passports, currency, and other valuables, throughout the duration of the Retreat. This includes all travel periods, in-transit times, accommodations, excursions, classes, and time spent at the retreat location.
I acknowledge that HPY Adventures does not assume responsibility for lost, stolen, misplaced, or damaged items, whether such loss occurs during international travel, ground transportation, lodging, scheduled activities, or at any time during the Retreat. I accept that it is my responsibility to safeguard my belongings at all times, and I waive any claim against HPY Adventures for any such loss or damage.
12. COMMUNICABLE DISEASE ACKNOWLEDGMENT. I understand that participation in a group retreat setting may expose me to communicable diseases (e.g., COVID-19). I agree not to participate if I:
Have any symptoms of a communicable illness;
Have tested positive within the prior 14 days and not been cleared by a physician;
Have been exposed to someone with known illness unless cleared.
I voluntarily assume all risks related to communicable diseases and agree to hold HPY Adventures harmless for any resulting illness or claims.
13. PHOTOGRAPHY AND MEDIA RELEASE I understand that HPY Adventures may, from time to time, capture, record, or photograph its Activities for internal use, marketing, social media content, training, and other commercial or educational purposes. By signing up for any HPY Adventures retreat, I hereby:
a. Grant HPY Adventures the irrevocable, perpetual, worldwide, royalty-free right and license to use, publish, display, transmit, reproduce, distribute, or otherwise exploit any and all photographs, video or audio recordings, or other likenesses of me taken during any Retreat Activity (“Media”), in whole or in part, in any format or medium now known or later developed, including but not limited to websites, social media platforms, promotional materials, educational content, and advertisements.
b. Waive any right to inspect, approve, or be compensated for the use of the Media.
c. Acknowledge that I have no ownership or copyright interest in the Media and expressly waive any claim to moral rights, attribution, or compensation.
d. Agree to indemnify and hold harmless HPY Adventures from any claims related to the use of the Media, including but not limited to claims of misappropriation, defamation, invasion of privacy, or violation of publicity rights.
e. I understand if I wish to opt out Media-capturing Activity that I must notify HPY Adventures in writing prior to participation in any Media Capturing.
14. EMERGENCY MEDICAL AUTHORIZATION If a medical emergency arises: I Understand the HPY Adventures does not provide medical care, diagnosis, or emergency services. Nevertheless, I acknowledge that in the event of a medical emergency or sudden illness occurring during any Activity:
a. I authorize HPY Adventures, its employees, agents, or contractors to seek emergency medical treatment on my behalf, including but not limited to calling emergency medical personnel, transporting me to a hospital or urgent care facility, and sharing any known medical conditions or information with healthcare providers;
b. I understand and agree that HPY Adventures shall not be held liable for any costs or outcomes associated with medical treatment, including but not limited to treatment errors, delayed response, or adverse effects from medical intervention;
c. I understand that I am solely and fully responsible for any and all costs related to medical treatment, ambulance transportation, prescriptions, or hospitalization resulting from participation in Retreat Activities;
d. I waive and release HGPY from any liability arising out of the administration or failure to administer first aid, CPR, or emergency assistance, whether such acts are negligent or otherwise.
e. If I have a serious allergy, chronic condition, or medical device, I will disclose this to the studio in writing before participation. I understand that failure to do so may place me at greater risk, which I assume voluntarily.
15. MINORS. If the Participant is under 18 years of age, parent or legal guardian hereby consents to the terms and conditions on behalf of the minor and agrees to indemnify and hold harmless HPY from any claims arising from the minor’s participation.
16. MISCELLANEOUS
I. Governing Law: This Agreement shall be governed by Virginia law.
II. Venue: All disputes shall be resolved in the courts located in Fairfax County, Virginia.
III. Severability: If any provision is invalid, the remainder remains enforceable.
IV. Entire Agreement: This is the full and complete agreement.
V. No Waiver: Failure to enforce any provision shall not waive future enforcement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY SIGNING UP FOR ANY HPY ADVENTURES RETREAT I AM VOLUNTARILY WAIVING SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.