Terms of Service
It is your responsibility to fully understand the terms and conditions for the retreat. Please read carefully what is and is not included in your retreat package and view all encompassing on the website. Should you have questions regarding the terms and conditions, we are available for consultation and would be happy to clarify any areas in advance of signing a contract with us.!
PAYMENT TERMS & CANCELLATIONS
1. RETREAT PRICING
All prices are per person and are set well in advance of the retreat start date. Prices include retreat costs only; they do not include travel costs to and from the retreat.
2. RETREAT PAYMENT & DEPOSIT
Payment can be made by credit card via the website. If a non-refundable deposit is made, the remaining balance will be due no later than 4 weeks prior to the retreat start date. Participants will receive a reminder email one week prior to the due date. If full payment is not received by this deadline, we reserve the right to cancel your reservation and ﬁll your spot. We will make every effort to avoid this situation by contacting you prior to and on the day of the balance due date.
3. STRICT CANCELLATION POLICY
If you wish to cancel your retreat you must notify Lisa Renée Caplinger (“The Sylvan Well”) via email at email@example.com. There are no refunds on deposits. There are also no refunds paid after the payment deadline mentioned in section 2 above. Exceptions to our cancellation policy cannot be made for ANY reason, including weather, terrorism, civil unrest, health changes, personal emergencies or otherwise. There is no refund for arriving late or leaving a trip early.
4. TRANSFER POLICY
Reservations cannot be transferred from one retreat to another.
5. RETREAT CANCELLATIONS
The Sylvan Well reserves the right to make any changes deemed necessary; including, but not limited to: advertised excursions, arranged transportation, advertised meals, etc. In the rare case of a Retreat cancellation, The Sylvan Well will offer a transfer to another retreat (if possible) or a full refund of your payment. The Sylvan Well is not responsible for any expenses or damages incurred as a result of retreat cancellation including preparation costs, airline tickets, travel documents or other expenses. The Sylvan Well reserves the right to cancel any retreat prior to departure in the event that there are too few people booked, in which case you will be given a full refund of any and all payments made to The Sylvan Well. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss,
expenses or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such
cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and
6. TRAVEL DOCUMENTS
For retreats held outside the U.S., all American passport holders are required to have at least 6 months validity on their passport at time of travel. Information regarding necessary documentation is provided as necessary on our website or you can contact us for more detailed information.
7. ROOMMATES AND ROOMMATE ASSIGNMENTS
Retreat rates are per person. Cottages are quad occupancy although all beds may not be filled. If you book a shared room
without specified roommate(s), we will do our very best to match you with your desired roommate type.
8. ASSUMPTION OF RISK
I acknowledge that I have voluntarily enrolled to participate in this retreat. In consideration of The Sylvan Well allowing me to participate, I agree to this release of claims, waiver of liability and assumption of risks. On behalf of myself, my heirs, executors, successors, administrators and any other person who may have an interest at common law or by operation of statute, I hereby waive any and all claims I or such parties may have now or in the future. I release from liability The Sylvan Well and any teachers, employees, guides, agents or representatives (“the releasees”) for any personal injury, death, property damage or loss or any nature suffered by me as a result of participation in any activity on the
retreat. I release from liability The Sylvan Well for any cause whatsoever including those arising out of, or in any way
connected to or occasioned by the negligence of the releasees.
PHYSICAL TRAINING RELEASE OF LIABILITY
9. EXPRESS ASSUMPTION OF RISK
I, the undersigned, am aware that there are significant risks involved in physical training, including but not limited to, the
physical training inherent to all yoga exercise activities, and that my participation in any such physical training program carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; those risks caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. I
am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participating, volunteering or watching in any physical training, including this retreat/yoga program. I realize that liability may arise from negligence or carelessness by the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of
their possible liability without fault. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. I acknowledge that I am willingly participating in these activities and that I have assumed all risks as described above. In consideration for my being allowed to participate in the activities offered, I, the undersigned hereby release The Sylvan Well, their principals, teachers, agents, employees, and volunteers from any
and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
Indemniﬁcation: The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts ﬁnancial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Sylvan Well and the hosting organization, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may
result from my negligent or intentional act or omission while participating in activities offered. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training.
10. PERMISSION FOR CAPTURE AND USE
Media is deﬁned as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable
consideration received, I grant to The Sylvan Well the absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish in whole or in part, individually or in connection with other material, in any and all publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if she/he so chooses. I release and discharge The Sylvan Well from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and all
claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the beneﬁt of the heirs, legal representatives, licensees, and assigns of Photographer, Videographer, Interviewer, Editor, as well as the person(s) for whom he/she captured the media. I am a legally competent adult and have the right to contract in my own name. I have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns.
11. RELEASE AND WAIVER OF LIABILITY
I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue or attach the property of The Sylvan Well, their affiliates, teachers, employees, agents or volunteers or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of my participation in The Sylvan Well’s retreats. I hereby release The Sylvan Well, and any of their agents or affiliated organizations from all actions, claims or demands that I, my assigns, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from my participation in The Sylvan Well’s retreats.
I am medically, physically, emotionally and in all respects fit and able to participate in The Sylvan Well’s retreats.
I agree I will be fully and financially responsible for my own physical condition and well-being during the retreat and will follow the safety precautions and instructions prescribed by The Sylvan Well.
I acknowledge that The Sylvan Well may make suggestions from time to time that are intended to help me and my well-being. However I take ultimate responsibility for my choices and realize that The Sylvan Well is not a licensed medical provider and that I must consult my doctor.
If I experience pain or discomfort during the retreat, I will modify The Sylvan Well’s instruction to suit my individual needs. I will not hold The Sylvan Well responsible for any pain or discomfort I experience during or after the retreat. I understand that the activities offered on this retreat are not a substitute for medical care. I understand that The Sylvan Well!is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.
By agreeing to the terms outlined here and elsewhere on the The Sylvan Well’s website, I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on a The Sylvan Well’s retreat.
This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia, without
regard to its conflict of laws rules.