Terms and Conditions

LOTUS Fitness, LLC. – EMPOWER Retreat

Booking Terms and Conditions

Date of Trip: November 4 – November 10, 2017

Place of Trip: Puerto Viejo, Costa Rica

Location: Hotel Barceló San José and Hotel Escape Caribeño

Thank you for your booking and/or traveling with LOTUS Fitness LLC. ”LOTUS Fitness”, on the EMPOWER Retreat℠. These Booking Terms and Conditions (the “Terms”) apply to any travel products and/or services you have booked with or purchased from LOTUS Fitness, and govern the contractual relationship between you (“Client”) and LOTUS Fitness with respect to any such travel products and/or services (hereinafter, the “Products”).  Please read these Terms carefully as by making a booking and paying your deposit on any product with LOTUS Fitness, or by traveling on an EMPOWER Retreat℠ you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. Please note that all EMPOWER Retreat℠ are subject to availability and all prices are subject to change without notice until paid in full.

Booking/Payments: Register early to secure your space on this exclusive retreat reserved for only 12 active adventure participants. Payment can be made by check, PayPal, VISA, MasterCard or American Express. Retreat cost does not include airfare to Costa Rica. You do not need to have your flight booked in order to register. However, please provide your airline bookings at least one week prior to the start of the retreat.

Retreat Costs Are:

  • $1995 for Double Occupancy
  • $2295 for Single Occupancy

See below for further details about booking deposit, installment payment options and final payment deadline. Note: Any 1st time bookings made within 60 days of departure (September 4, 2017), must be paid in full at the time of booking.

Deposit: A non-refundable deposit of $300 is required to hold your booking for either a single or double occupancy booking. This deposit, along with a completed online booking form, is required. If you make a full payment at the time of your booking, your $300 deposit will be applied with your total payment. Deposits are non-refundable regardless of the circumstances. Failure to pay the balance of your EMPOWER Retreat℠ by the Final Payment due date (September 29, 2017) will result in forfeiture of deposit, any installment payments and cancellation of your booking.

Installment Payment Options: Installment payments are allowed after the initial $300 deposit is made and applied by LOTUS Fitness. Full payment of the EMPOWER Retreat℠ is required by September 29, 2017.

  • 1st Installment Due: July 28, 2017
    • $585 (double occupancy)
    • $685 (single occupancy)
  • 2nd Installment Due: August 28, 2017
    • $585 (double occupancy)
    • $685 (single occupancy)
  • 3rd Final Installment Due: September 29, 2017
    • $585 (double occupancy)
    • $685 (single occupancy)

Final Payment Deadline: Final payment for the EMPOWER Retreat℠ is due September 29, 2017.  Any trip purchased within 60 days of departure (September 4, 2017) must be paid in full at the time of booking.

Travel Documents, Baggage Fees & Taxes: A visa is not required to enter Costa Rica. To enter the country, you will need a valid passport that does not expire within 30 days of your departure (October 4, 2017). It is your responsibility to ensure that your Medical Form and Travel Insurance Advisory Waiver are filled out and submitted to LOTUS Fitness by September 29, 2017. Clients must also pay the Costa Rica departure tax ($29 USD) and all other required taxes. You are responsible for any additional costs incurred as a result of any failure to comply with these requirements. Clients are encouraged to see the US Department of States website for any other advisories with regard to Costa Rica. It is the Clients sole responsibility to exercise this sole due diligence.

Travel Insurance: Travel insurance is not included in the cost of the EMPOWER  Retreat℠. When traveling with LOTUS Fitness, it is highly encouraged that you have comprehensive travel insurance to cover you for the full duration of your journey for costs associated with illness, injury, death, loss of or damage to baggage and personal items, cancellation, loss of deposit, medical and hospitalization expenses, repatriation and curtailment expenses due to illness, the need to return home unexpectedly, evacuation expenses and accidental death or disability. All guests of the EMPOWER Retreat℠ are required to sign a waiver indicating they have been advised to purchase additional travel protection insurance. LOTUS Fitness recommends Travelex Insurance. You can purchase this insurance with Cassandra Carponter with Way To Go Costa Rica: 800.835.1223 x1733 or 919.865.1733.   LOTUS Fitness does not consider travel insurance offered by credit card companies as providing adequate coverage. The use of Way To Go Costa Rica is not required and LOTUS Fitness is not responsible for this agency or agencies acts or omissions. Client agrees to hold LOTUS Fitness or any issues arising between Client and the agency or agencies.

Refunds and Cancellations: Cancelled bookings may incur charges. These charges can be up to 100% of the cost of the booking.  Fees and extra charges may apply where a booking is changed and when tickets or documents are re-issued. Where LOTUS Fitness incurs any liability for a cancellation fee or charge for any booking that you change or cancel, you agree to indemnify us and pay LOTUS Fitness the amount of that fee or charge. There will be no refunds or changes in retreat costs for arriving late or leaving early.

Cancellations by you, the Client: In the case that a Client must cancel their participation in the EMPOWER Retreat℠, the following cancellation fees will be incurred:

  • 60 days or more before departure – loss of deposit ($300)
  • 59 to 45 days before departure – 25%
  • 44 to 31 days before departure – 50%
  • Within 30 days of departure – 100%

Cancellations by LOTUS Fitness: In the case that LOTUS Fitness must cancel a trip for any reason, such as not reaching a minimum number of participants within 30 days of the departure; all fees paid to LOTUS Fitness will be reimbursed to the Client.

Liability: LOTUS Fitness is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined). All guests must sign the “Release of Liability and Assumption of Risk” forms prior to arrival. If this form is not signed prior to arrival, guests will not be allowed to participate in the retreat and no refund will be made.

Health, Fitness, & Medical: All Clients are obligated to read, fill out and submit to Active@lotusfitness.com the Medical Form (PDF) honestly, accurately, and completely. All Clients should consult their physician regarding their fitness for travel and adventure travel in particular.  LOTUS Fitness encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with LOTUS Fitness.

Bookings Sold on Share Basis: Bookings may be accepted where requested on a share room basis on the condition that the person/s requesting the share booking agrees that although every effort will be made to comply with specific requests, this is not always possible and we accept no responsibility for any incompatibility between persons sharing double occupancy rooms.

Airline Schedule Changes: LOTUS Fitness is not responsible for any schedule changes imposed by airlines. While we will do our best to reschedule your Retreat and accommodations, LOTUS Fitness is not responsible for any additional costs nor services missed as a result of an airline-imposed schedule change.

Travel & Accommodation: Hotels, shuttle services, airline flights within Costa Rica and other constituent elements of the EMPOWER Retreat℠ will be arranged by LOTUS Fitness with local suppliers, who may themselves engage the services of other local operators and/or sub-contractors. LOTUS Fitness will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Client assents to these terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of LOTUS Fitness will not exceed that of any supplier. All suppliers will be selected and assessed by LOTUS Fitness in reference to local laws and regulations in the relevant country of operation. Neither LOTUS Fitness nor any carrier is liable for the acts or omissions of any independent contractors.

Changes in Price and Minimum Numbers: Please note that all trips are subject to availability and all prices are subject to change without notice until your EMPOWER Retreat has been paid in full. We reserve the right to change the trip components, the departure date, or any other aspect of the trip at our discretion until the trip has been paid for in full. All trips are based on a minimum number of participants. If this minimum number is not reached within 30 days of departure, we reserve the right to cancel or re-price this trip as appropriate. If we re-cost the trip and you decide not to proceed, or, if we cancel the EMPOWER Retreat℠, your deposit is refundable in full. In all other circumstances your deposit is non-refundable.

Images and Marketing: The Client agrees that while participating in any EMPOWER Retreat℠ activity or related event or activity, images, photos or videos may be taken by other Clients and/or LOTUS Fitness representatives that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to LOTUS Fitness, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.

Consent to Conditions: By making any booking, you agree to comply with these Booking Conditions and warrant that you have obtained agreement to these Booking Conditions from all other clients for whom the booking is made. You are responsible for the total price of all bookings that you make.

Refusal of Service: LOTUS Fitness retains the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.

Coach Conditions: LOTUS Fitness reserves the right to replace a Coach with another of equal or greater experience, certifications and teaching skills in the case that the said Coach is unable to host the trip.

Declarations: You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to zip lining, yoga, surfing, walking, jogging, running, aerobic activities, aquatic activities, bike riding, scuba diving, swimming, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of LOTUS Fitness LLC. “LOTUS Fitness” or EMPOWER Retreat℠ and or otherwise.

Release: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge LOTUS Fitness and EMPOWER Retreat℠ (and LOTUS Fitness and EMPOWER Retreat℠ affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of LOTUS Fitness and EMPOWER Retreat℠, whether active or passive, or any of LOTUS Fitness and EMPOWER Retreat℠ affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your participation in any activity, class, program, instruction, or event, including but not limited to zip lining, yoga, surfing, walking, jogging, running, aerobic activities, aquatic activities, bike riding, scuba diving , swimming, or any other sporting or recreational endeavor (b) improper maintenance of any equipment, premises or facilities, (c) negligent instruction or supervision, including but not limited to zip lining, surfing, yoga, fitness classes (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from any activity, including injuries resulting from LOTUS Fitness or EMPOWER Retreat℠  or anyone else’s negligent inspection or maintenance of a facility or premises.

Amendments: LOTUS Fitness reserves the right to update and/or alter these Terms at any time and shall post the amended Terms of the EMPOWER Retreat℠ on the LOTUS Fitness website (www.lotusfitness.com ).

Indemnification: You agree to indemnify LOTUS Fitness and EMPOWER Retreat℠, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense including reasonable attorneys’ fees, related to your violation of these Terms and Conditions.

To the fullest extent allowed by law, you agree that you will not institute any lawsuit or other legal action against LOTUS Fitness or EMPOWER Retreat℠, its officers, directors, delegates, employees, staff, instructors, agents, representatives, or assigns and all organizations and individuals assisting in promoting, conducting or otherwise affiliated with the activity as a result of your participation in or injury from any LOTUS Fitness related or, LOTUS Fitness organized, LOTUS Fitness advertised, LOTUS Fitness sponsored or LOTUS Fitness subsidized activity. This includes the insurance agent named above.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against LOTUS Fitness or EMPOWER Retreat℠. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

Printed Name:                                                            

Signature:                                                                   

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