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*Caution: this is a release of legal rights. Read and understand it before signing.*
I, (my name), enter this Liability Waiver and Contract ('contract') with Orassy Kendron (hereinafter, 'Orassy Kendron'). As we enter this Contract, we set our intention that only good will come of this contractual union, and that all parties and the Universe will benefit. We are mindful, however, that it is intelligent to plan for the worst while expecting and intending the best. As such, we agree as follows:
I. DESCRIPTION OF SERVICES
Orassy Kendron specialises in organising spiritual tours and retreats to Bali and Java for Zen Essence Yoga, Tantric Self Healing Practices, Meditation, Island adventures, and all around transformative travel (hereinafter, 'program'). In this capacity, the services we render are limited to facilitating all activities while in Bali and Java. Some of these activities are arranged through third parties who are neither our agents nor affiliated with Orassy Kendron in any manner.
II. PAYMENT
I agree to pay Orassy Kendron a deposit of £750 or £875 (depending on the Program option) for the following Program:
Bali Self Discovery Journey Dec 2011. I understand that the remaining payment of the full amount is due at least ninety (90) days prior to the departure date.
III. CANCELLATION
Orassy Kendron offers refunds through PayPal. In place of a refund, you may also transfer your credit from a cancelled program to any other within 12 months from your cancellation.
All cancellations must be received in writing sent via e-mail. Deposits are non-refundable.
If you cancel at least ninety (90) days prior to the departure date of the program and you have already paid in full, you will be reimbursed the cost of the program less the £750/£875 deposit.
If you cancel between seventy five (75) days and thirty-one (31) days prior to the departure date of the program, you will receive 50% of the cost of the program less the £750 deposit.
If you cancel less than thirty (30) days prior to the departure date of the program, no refund will be granted.
Partial refunds for late arrivals or early departures are not granted. Partial refunds for any services not used while on a program are also not granted.
Orassy Kendron is not responsible for expenses incurred in preparation for tours or retreats by a traveller that cancels, including but not limited to airline tickets, vaccinations, and visa fees, or for costs incurred due to travel delays, flight cancellation or illness.
If you decide to transfer your trip to another person, you are responsible for any tickets that have been pre-purchased.
Refunds will be processed within 45 days of receipt of your written request.
IV. UNUSED SERVICES
No refund or compensation is payable by Orassy Kendron for any unused accommodation, meals, retreats, services, transportation or features provided during the program. Clients who do not complete a program for any reason whatsoever, cannot be refunded for a portion or the remainder of the journey.
V. FOREIGN TRAVEL WAIVER
I acknowledge that travel to foreign countries may involve many risks not known to me or to Orassy Kendron, its operators, employees, independent contractors, agents, or anyone else attending a Program. These risks may not be reasonably foreseeable at this time or at the time of the program in which I participate, and may not normally be associated with travel. I knowingly and voluntarily agree to assume any and all risks associated with such travel.
VI. ASSUMPTION OF RISK
I am aware of and hereby acknowledge the inherent risks associated with Program activities, including, but not limited to, the risks associated with yoga, swimming, hiking and any island adventures (see itinerary). I am aware of the risks of injury, unlikely fatality and property damage that may result from, among other causes, the acts or omissions of Orassy Kendron and its operators, employees, independent contractors, and/or agents. I further assume all risks associated with my participation in the travel program including, without limitation, the risk of negligent or intentional acts or omissions by other participants or third parties, and the risk of injury caused by the condition of any property, facilities or equipment used during the Program.
VII. RELEASE OF LIABILITY
I, voluntarily and while realising the full legal significance of my actions, waive and release on behalf of myself, my heirs and my estate, all claims of whatever nature against the Orassy Kendron including, but not limited to, claims of any injury, loss, damage, accident, 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 above-referred Programme.
VIII. INDEMNIFICATION AND HOLD HARMLESS
It is expressly understood and agreed that Orassy Kendron is not providing personal chaperones or supervision with respect to this program and that I am responsible for my individual conduct, health and safety at all times. I agree to defend, indemnify and hold harmless Orassy Kendron and its operators, employees, independent contractors and/or agents for any and all demands, costs, losses, expenses, claims, recoveries, judgments and liabilities (including attorney's fees) of any nature arising out of, or in consequence of, my acts, words, conduct, etc. in any way connected with my participation in the program including, but not limited to, damage to property or any injuries sustained by any person(s).
IX. MODIFICATION OF PROGRAM
I understand that the remoteness of the destination, local custom and/or prevailing weather conditions may cause minor inconvenience or modification to portions of the program. Orassy Kendron reserves the right to modify and/or cancel any tour arrangements due to unfavourable weather conditions or other reasonable circumstances.
X. TRAVEL DOCUMENTS
I understand that it is my responsibility to ensure that all necessary travel documents such as passports (at least six (6) months prior to expiration date) and visas are obtained and are valid.
XI. REPRESENTATION OF GOOD HEALTH
I am in good health, have no physical conditions that affect my ability to travel and/or participate in any of the activities involved in this program, and I have not been advised otherwise by a medical practitioner. I acknowledge that Orassy Kendron is in no way responsible for any costs related to my medical care.
XII. KNOWING AND VOLUNTARY EXECUTION
I acknowledge that I have carefully read this contract, understand its contents, and understand that this contract includes a release of liability and an assumption of the risk. I acknowledge that Orassy Kendron is materially relying on this waiver and is allowing you to engage in activities including but not limited to swimming, hiking, yoga, etc.
XIII. USE OF PICTURES AND VIDEOS
Orassy Kendron may use any pictures or videos taken of participants during the program. This includes digital images which may be posted on our website.
XIII. DISCLOSURE OF PERTINENT INFORMATION
It is essential that any pertinent information, including any social, emotional or physical problems that might limit your active participation in Orassy Kendron's programs be discussed with the directors prior to acceptance and attendance in a program. We want this to be a successful experience for the participant and Orassy Kendron.
XIV Copyright Ownership of Material
All information, exercises, teaching techniques, knowledge, creative concepts and ideas related to any and every aspect of the programme and overall course involved in the 'Bali Self Discovery Journey' is the express and exclusive property of the Orassy Kendron. As such, these may not in any way shape or form be reproduced under any circumstances without prior permission or consent where failure to receive such consent will render the participant liable to prosecution according to the international laws (regardless of which country they are resident) pertaining to such breaches of copyright.
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