Date of Last Revision: January 18, 2017
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with YogaTravelTree.com. By using or accessing YogaTravelTree.com, you agree to this Statement.
Sharing Your Content and Information
You own all of the content and information you post on YogaTravelTree.com. In addition:
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with YogaTravelTree.com ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information, it means that you are allowing everyone, including people off of YogaTravelTree.com, to access and use that information, and to associate it with you.
We always appreciate your feedback or other suggestions about YogaTravelTree.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep YogaTravelTree.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not collect users' content or information, or otherwise access YogaTravelTree.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on YogaTravelTree.com
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not offer any contest, giveaway, or sweepstakes ("promotion") on YogaTravelTree.com without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
You will not use YogaTravelTree.com to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of YogaTravelTree.com, such as a denial of service attack.
You will not facilitate or encourage any violations of this Statement.
Check out our Tips for Safe Travel page for some important things we think every traveler should know.
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on YogaTravelTree.com that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on YogaTravelTree.com if we believe that it violates this Statement.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
You will not post anyone's identification documents or sensitive financial information on YogaTravelTree.com.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of YogaTravelTree.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or YogaTravelTree.com exclusively in a state or federal court located in Larimer County. The laws of the State of Colorado will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Larimer County, Colorado for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions, content or information on YogaTravelTree.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on YogaTravelTree.com (such as advertising or payments) or operate a Platform application or website.
By "YogaTravelTree.com" we mean the features and services we make available, including through (a) our website at www.YogaTravelTree.com and any other YogaTravelTree.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By "information" we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on YogaTravelTree.com that would not be included in the definition of "information."
By "data" we mean content and information that third parties can retrieve from YogaTravelTree.com or provide to YogaTravelTree.com through Platform.
By "post" we mean post on YogaTravelTree.com or otherwise make available to us (such as by using an application).
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into YogaTravelTree.com at least once in the previous 30 days.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and YogaTravelTree.com, Inc. References to "us," "we," and "our" mean YogaTravelTree.com, Inc. This Statement makes up the entire agreement between the parties regarding YogaTravelTree.com, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing YogaTravelTree.com.
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
RETREATS & TEACHER TRAININGS TERMS
PAYMENTS & CANCELLATIONS
1. Terms of service YOGA TRAVEL TREE outlines what is included on the respective retreat/training page. Airfare, tips, travel insurance, alcohol are rarely included.
2. Reservations To reserve your place on one our retreats/trainings please complete the registration form with the non-refundable deposit specific to your trip.
3. Payments Payment can be made by credit card. Final balances are due 60 days before the departure date of the trip. If final payments are not received by 60 days prior to departure, YOGA TRAVEL TREE reserves the right to cancel your reservation and accept new reservations for your spot. If you do not think you can pay in time please contact us via email.
4. Cancellation Policy All deposits are non-refundable. If you wish to cancel your retreat you must notify YOGA TRAVEL TREE in writing. Once we’ve received your notice, cancellation will take effect subject to the following:
* Cancellation 90 days or more prior to departure = Loss of deposit * Cancellation between 30 and 89 days prior to departure = Forfeit 50% trip cost + Loss of deposit * Cancellation within 30 days of departure = Forfeit 100% trip cost + Loss of deposit
Any amount forfeited, which has not then been paid to YOGA TRAVEL TREE by you, will be recovered from you by YOGA TRAVEL TREE as a debt due and payable.
Any refunds will be processed within 30 days of receiving written notice less the non-refundable deposit and related processing fees.
5. Changes/Trip Cancellations YOGA TRAVEL TREE reserves the right to make any changes deemed necessary by our team, trip leaders, teachers or partners. In the rare case of a cancellation on the part of YOGA TRAVEL TREE we will offer a transfer to another trip or a full refund of your funds. YOGA TRAVEL TREE is not responsible for any expenses or damages incurred as a result of trip cancellation including preparation costs, airline tickets, travel documents or other expenses. YOGA TRAVEL TREE reserves the right to cancel any trip 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 YOGA TRAVEL TREE. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (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 airline taxes).
INSURANCE & DOCUMENTS
6. Travel Insurance YOGA TRAVEL TREE requires each retreat/training member to purchase individual travel insurance for their trip. We suggest that you include “cancel for any reason” with your policy. You must purchase travel insurance that includes medical coverage. We suggest securing your policy through Travel Guard, World Nomads, or similar.
7. Travel Documents and Immunizations It is the responsibility of each traveler to obtain all required travel documents including Visas, passports, and other travel documents unless otherwise noted. Information regarding necessary documentation is provided per trip on our website or you can contact us for more detailed information regarding your trip requirements. It is your responsibility to purchase correct immunizations. Please contact your nearest travel clinic for the latest requirements.
8. Talent Release
I (the participant) hereby grant to YOGA TRAVEL TREE (the “producer”) the right to photography me and to record my voice, performances, poses, actions, plays, and appearances, and use my picture, photography, silhouette, and other reproductions of my physical likeness (the “recordings”) in connection with the trip.
I agree that the picture may be edited and otherwise altered at the sole discretion of the producer and used in whole or in part for any and all broadcasting, non-broadcasting, audio/visual, and/or exhibition purposes in any manner or media, in perpetuity, throughout the world. Producer may use and authorize others to use all or parts of the recordings.
Producer, its successors and assigns shall own all, title and interest, including copyright, in and to the recordings, to be used and disposed of without limitation as producer shall in its sole discretion determine.
I agree that I will not assert or maintain against YOGA TRAVEL TREE, your successors, assigns and licensees, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any reason in connection with your authorized use of my physical likeness and sound as herein provided.
9. Acknowledgment of Risks – Assumption of Responsibility Although YOGA TRAVEL TREE has taken reasonable steps ensure safety, I acknowledge that this activity has risks, including certain risks which cannot be eliminated without destroying the unique character of this activity. The same elements that contribute to the unique character of this activity can cause loss or damage to the Participant including accidental injury, illness or in extreme cases, permanent trauma, disability or death and also can cause damage to or loss of property. The following describes some, but not all, of those risks.
Activities vary from trip to trip and may include but are not limited to: hiking, backpacking and climbing in a wide variety of environments including on rock, snow and ice; bicycling on trails and roads with a wide range of surface conditions and traffic volume; rock climbing, climbing on climbing apparatus and ropes courses, using zip-wires and rope swings; white-water rafting, river kayaking, sea-kayaking and canoeing; swimming, snorkeling and surfing; fishing.
YOGA TRAVEL TREE trips 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. I (the trip participant) acknowledge and understand that YOGA TRAVEL TREE trips include risks of injury or death to participants. I 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. I agree to assume responsibility for the inherent risks identified herein and those inherent risks not specifically identified. I acknowledge that participation in this activity is purely voluntary, no one is forcing participation and participation is elected with full knowledge of the inherent risks.
I (the trip participant) 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.
10. Release and Waiver of Liability
DECLARATION OF HEALTH. By accepting this Tour Participant Agreement I (the trip participant) represent that I have no physical conditions or medical precautions which would adversely affect my ability to take part in the yoga program or other physical or cultural activities offered on YOGA TRAVEL TREE trips. I fully understand that my participation in the yoga program or other activities could be injurious to my health and I voluntarily assume all risks related to such activities.
PERSONAL RELEASE. By agreeing to the terms outlined here and elsewhere on the YOGA TRAVEL TREE website I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on a YOGA TRAVEL TREE trip, including but not limited to damages as a result of unexpected occurrences including those from weather, local political situations, wildlife or uncontrollable acts of God, including the risk of death. I release YOGA TRAVEL TREE including its owners, directors, employees, guides, 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 your trip, YOGA TRAVEL TREE 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. YOGA TRAVEL TREE 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.
If you have any questions regarding our policies you can contact us via phone at +1-970-235-0046 or via our contact page.