LOTUS Fitness, LLC. – EMPOWER Retreat℠
Booking Terms and Conditions
Date of Trip: November 12 – November 19, 2017
Place of Trip: Pavones, Costa Rica
Accommodations: La Ponderosa Beach & Jungle Resort
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℠ (s) are subject to availability and all prices are subject to change without notice until paid in full.
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 costs do not include airfare to Costa Rica. You do not need to have your flight booked in order to book your retreat. However, please provide your airline reservation information at least one week prior to the start of the retreat.
Retreat Costs Are:
- $2295 for Double Occupancy
- $2595 for Single Occupancy
Retreat Costs include all items on the LOTUS Fitness website for the EMPOWER Retreat℠ in Pavones, Costa Rica. Clients are strongly encouraged to view the Itinerary on the website and view what is included in the retreat costs. Any additional activities, transportation, meals or any other product or service not expressly included in the EMPOWER Retreat℠ are at the clients sole expense and risk and LOTUS Fitness makes no warranties regarding such items or information and expressly disclaims any liability whatsoever arising from any product, service or participation thereon by any Client, or any information provided by LOTUS Fitness or its representatives regarding these items.
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 12, 2017), must be paid in full at the time of booking.
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
- $685 (double occupancy)
- $785 (single occupancy)
- 2nd Installment Due: August 28, 2017
- $685 (double occupancy)
- $785 (single occupancy)
- 3rd Final Installment Due: September 29, 2017
- $685 (double occupancy)
- $785 (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 12, 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 12, 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 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 harmless related to any issues arising between Client and the agency or agencies.
- FORCE MAJEURE
LOTUS Fitness and EMPOWER Retreat℠ shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss of detriment to person or property, or financial costs both direct and indirect incurred, or for EMPOWER Retreat℠ failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities is or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of LOTUS Fitness and EMPOWER Retreat℠; or an event which EMPOWER Retreat℠ or the supplier of services, even with all due care, could not foresee.
- REFUNDS AND CANCELLATION
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.
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).
If any provision of these Terms will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
- GOVERNING LAW
The Contract and these Terms are subject to the laws of Maryland and all Clients submit to the exclusive jurisdiction of the courts located in Annapolis, Maryland, United States for the resolution of any dispute under these Terms or concerning a Product.
- HEALTH, FITNESS AND 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 SHARED 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 AND 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.
- ONLINE BOOKINGS
All online reservations shall be deemed as booked in the United States, and shall be subject to United States law and jurisdiction.
- 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.
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 ). LOTUS Fitness strongly encourages that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof.
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.
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.
You agree to indemnify LOTUS Fitness, 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 or use of this Site.
To the fullest extent allowed by law, you agree that you will not institute any lawsuit or other legal action against LOTUS Fitness and 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. 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 these terms and conditions, waiver and release and fully understand that it is a contract, release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing these terms and conditions, 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 terms and conditions, waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
Client Printed Name:
LOTUS Fitness, LLC.