Terms and Conditions

PLEASE CAREFULLY READ ALL POLICIES BELOW. BY PURCHASING FROM EVA RETREATS, YOU ARE AGREEING TO ALL TERMS AND CONDITIONS STATED BELOW.

ACCEPTANCE OF TERMS
Welcome to Eva Retreats. By proceeding to purchase any of the Eva Retreats retreats, classes, or any service(s), you (the “user”) acknowledge and agree to be bound by the following Terms and Conditions. Our Terms and Conditions may be updated at any time, provided that we give you notice. The user agrees to be bound by any future amendments made to the Terms and Conditions. The user can review the most current version of the Terms and Conditions at any time by accessing the “Terms and Conditions” link on the Eva Retreats website. By signing, clicking “Purchase”, “Confirm”, “Attend”, or doing any other affirmative action manifesting your intent to join or attend the Retreat, including, but not limited to providing Us with your credit card or billing information or transferring the Deposit, you acknowledge and agree that you are entering into a legally binding Agreement with the Organizer. Read this Agreement carefully, including all the Annexes, before manifesting your assent. This Agreement will affect your legal rights and shall limit your rights to bring a lawsuit or a class action against the Organizer.

ROOM DISCLAIMERS
ALL ROOMS ARE FIRST COME, FIRST SERVE, so the sooner you sign up, the more likely your needs will be fulfilled. If you do not have a roommate, you will be paired with another guest who is not yet assigned a roommate.

GENERAL DISCLAIMERS
The total cost paid is for one person’s space on the retreat (covering room, movement classes and food). Eva Retreats is not responsible for lost, stolen, or missing items. Eva Retreats is not responsible for airline cancellations, missed flights, or transportation issues before the retreat. A VALID PASSPORT MAY BE REQUIRED if you are leaving your home country to attend a retreat. Retreat deposit (any amount requested at checkout) is non-refundable under any circumstances (including Covid-related occurrences). You have until 61 days before the retreat to request any refunds (subject to deposit policy). Travel insurance is NOT included in the price of the retreat, and HIGHLY RECOMMENDED. If you do not specify who your roommate is, we will assume you are open to any guest. You must pay your total retreat balance at least 45 days before the retreat start date (CASH IS NOT ACCEPTED UPON ARRIVAL). You must sign and return Liability Waiver and Retreat Contract BEFORE the retreat start date.

CANCELLATION POLICY
All deposits are non-refundable.
IF CANCELLING 61 DAYS OR MORE BEFORE RETREAT START DATE:
Payments are eligible (but not guaranteed) for refunds.
IF CANCELING 60 DAYS OR LESS BEFORE RETREAT START DATE:
All payments are NOT refundable.
There are NO refunds available for any reason, including, but not limited to: weather, natural disaster, pandemics, acts of terrorism, flight delays or cancellation, health conditions, medical, personal, family, work emergencies or change of mind. This includes all Covid-related cancellations (illness, travel, quarantines, lockdowns, etc).

COVID
All deposits are non-refundable. This includes all Covid-related cancellations, including, but not limited to: flight changes/cancellations/delays, illness, lockdowns, quarantines, border closings, travel requirements etc. Eva Retreats is not responsible or liable for any retreat participant who contracts COVID before, during, or after the retreat.

EVA RETREATS CANCELLATION POLICY
Guests/students will be refunded (except for non-refundable deposit, less any costs already incurred) should Eva Retreats need to cancel the retreat for any reason, including but not limited to: illness, physical deterioration, weather, natural disasters, acts of terrorism, flight delays or cancellations, health conditions, medical, personal, family or work emergencies. If the retreat is at half capacity or less 90 days before the retreat start date, Eva Retreats reserves the right to cancel the event. All deposits are non-refundable but shall be credited against an alternative retreat. User FLIGHT(S) and/or ADDITIONAL ACCOMMODATION COSTS and/or GENERAL TRAVEL EXPENSES will NOT be reimbursed should Eva Retreats cancel the retreat.

ASSIGNMENT OF RIGHTS BY THE ORGANIZER
The Organizer reserves the right to assign its rights and obligations to another Organizer who can provide the same Services outlined in this Agreement.

FORCE MAJEURE
The Organizer shall not be liable for any breach resulting from a Force Majeure event. If a Force Majeure event occurs, the Organizer’s performance will be suspended for a period of such Force Majeure. “Force Majeure” means any circumstance or occurrence beyond the Organizer’s reasonable control, whether or not foreseeable at the time this Agreement was entered into, as a result of which, the Organizer cannot reasonably perform or execute its obligations, including, without limitations, acts of God, natural catastrophes, extreme weather conditions, strikes, lock-outs, terrorism, political and civil unrests, sabotage, industry-wide shortages, plant breakdowns, loss of electricity supply, cyber-attacks or non-performance of Organizer’s suppliers or any third parties on which it relies on to perform its obligations. In case the Force Majeure event occurs before the start of the Retreat and extends for three (3) consecutive months, the Guest can choose between: A voucher equivalent to the amount paid, which can be used for another service, program or event offered by the Organizer, OR A refund equivalent to the payment made, less any costs already incurred by the Organizer and bank transfer costs. If the Force Majeure Event occurs while the Retreat is ongoing, the Guest may cancel participation without having to pay termination fees. In which case, the Organizer shall not be liable for additional compensation or to provide a refund.

TRAVEL INSURANCE
The additional purchase of TRAVEL INSURANCE is highly recommended to provide the utmost protection for all Users, and to prevent financial loss. You are required to purchase and maintain your own travel insurance during the entire length of the Retreat up until your return date. Guests are individually responsible for ensuring adequate coverage, which should include, but not be limited to: illness, injury, property damage, loss of personal items, death, theft, cancellation and any other potential losses, damages, expenses, and/or liabilities. For your peace of mind, obtain travel insurance that will cover the costs in case of cancellation for any reason, including but not limited to accidents, sickness, pregnancy, etc. It is recommended that you have a “Cancel for Any Reason” provision in your policy. We are not responsible or liable for any loss, damage, expense, cost, or any travel-related issues.

THIRD PARTY VENDORS
The Organizer does not own all the entities that will provide services during the Retreat (i.e lodging, caterer, ground and water transportation). We contract Independent Contractors, and you accept that they are not our affiliates or employees. We strive to seek the best and most reliable suppliers and contractors to provide the necessary services to you. Accordingly, in the absence of gross negligence on our part, you understand and agree that we shall have no responsibility or liability for the acts, omissions or negligence of any Third Party Operators in connection with the Retreat. We will not be liable for direct, indirect, consequential or incidental damage, liability, injury, loss, costs or expenses that you may incur, including any claims relating to personal injury, illness, death or loss of property, delay or inconvenience, arising out of or because of the acts, omissions or negligence of any Third-Party Operator.

THE ITINERARY
The itinerary is subject to change and may be modified by the Organizer at any time. You hereby acknowledge and agree that the Organizer has a right to do so, for any reason, including, but not limited to, weather, third-party vendors and any local circumstances which Organizers deems unfit for travel. In case of modification, the Organizer shall strive to provide an equivalent or, at the very least, similar service to the one booked.

VOLUNTARY PHYSICAL PARTICIPATION
You hereby acknowledge and agree that you will voluntarily be participating in certain physical activities (“Physical Activities”) during the Retreat. The Physical Activities may include, but are not limited to: walking, swimming, hiking, yoga, fitness activities, climbing or other types of strenuous physical activities. You understand and are aware that your participation in the physical activities involves risks. These risks may lead to tangible or intangible harm, and you agree that they may result not only from your own actions but also from the actions of others. With the knowledge and understanding of these risks, you choose, of your own will and volition, to continue participating in the Physical Activities. You acknowledge and agree that by participating in the Retreat, you consent to waive certain legal rights, including the right to sue the Organizer, and, if applicable, its owners, employees, agents, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damage that may happen to you during your participation in any of the Physical Activities undertaken while under their instruction or thereafter.

HEALTH ELIGIBILITY & GUESTS WARRANTY
Your participation in the Retreat indicates your acknowledgement and agreement with, as well as your warranty of, the following statements:
It is your responsibility to consult a physician before participating in the Retreat to ensure your eligibility for Physical Activity, and you affirm that you have no medical conditions that would restrict you from participating in any of the Physical Activities.
You are willing and must be able to demonstrate a high level of mental and emotional stability and maturity, and you will seek the advice of a doctor or psychotherapist on whether the Retreat is suitable for you prior to confirming your participation.
You agree to inform the Organizer of any physical or psychological impairments that will affect your participation in any of the activities during the Retreat.
You agree and acknowledge that all of the information that you have given to the Organizer and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
You agree to hold the Organizer, its employees, owners, agents, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen or occur to you while participating in the Retreat. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attack, raised blood pressure, and broken, fractured or dislocated bones.
You agree that if you do experience medical issues, you will contact your doctor immediately.
You agree and acknowledge that if you have omitted any necessary personal information, whether knowingly or unknowingly, you will hold the Organizer harmless against all liability for any damage that may occur to yourself or others because of your actions or inactions.
You agree to keep the Organizer apprised of any changes or upcoming changes concerning your physical health and personal information.
You understand and agree that it is your responsibility to let the Organizer know if you find yourself in any pain or discomfort before, after or during the Retreat.
If you do require medical treatment or attention while or after participating in the Retreat, you agree that the medical costs are yours and yours alone and hold the Organizer blameless for any charges, fees, or costs that your condition may incur.
You agree and acknowledge that travelling to any international destination has security risks, and you further accept that should you choose to do activities on your own or go to places not included in the itinerary, you are exposing yourself to more security risks. In which case, you shall hold the Organizer blameless.
You specifically acknowledge and agree that these clauses are not intended to be a general release, which would be limited under some states, countries or local laws.

MEALS & ALCOHOL
Guests shall be provided with daily meals during the planned Program. If you have any dietary restrictions, you are required to share said restrictions with the Organizer 30 days before the start of the Retreat. Should you delay in sharing your dietary restrictions, the Organizer may not be able to accommodate your requests.
Alcohol may be available for consumption during the Retreat. You acknowledge and accept that alcohol consumption shall be at your discretion, risk and liability. The Organizer reserves the right to remove you from the Retreat in case you become inebriated, disruptive, misbehave or cause potential harm to yourself or other persons. If you are removed, the Organizer shall not be liable to give you a refund or reimbursement for activities you miss.

EMERGENCY MEDICAL TREATMENT
In case the Guest requires medical treatment or attention while participating in the Retreat, the Guest authorizes the Organizer to provide to the Guest, through medical personnel of the Organizer’s choice, customary medical assistance, transportation, and emergency medical services. This consent however does not impose a duty upon the Organizer to provide such assistance, transportation or services.

PREMATURE TERMINATION OF PARTICIPATION
If you cancel your participation or should you suffer from any of the ineligibilities outlined in this Agreement during the Retreat, no right to a refund shall be given. Neither shall the Organizer shoulder any charges, fees or costs that you may incur by the premature termination of your participation.

GENERAL ASSUMPTION OF RISK
You agree and understand that your participation in the Retreat may involve liabilities and risks foreseen or unforeseen, which are inherent in outdoor activities and retreats. These risks may lead to tangible or intangible harm. Additional risks, such as those risks involved in travelling in another country, a country where medical services are not available, or a country with an unsteady political, cultural or geographical climate, may also be present.
It is your responsibility to familiarise yourself with all possible risks involved in participating in the Retreat. You agree that the Organizer is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Retreat.
YOU ACKNOWLEDGE THAT YOUR DECISION TO ATTEND THE RETREAT IS MADE WITH FULL KNOWLEDGE OF ALL INFORMATION DESCRIBED ABOVE AND THAT YOU ARE ATTENDING OF YOUR OWN WILL AND VOLITION, YOU AGREE TO BE THE SOLE PARTY RESPONSIBLE FOR ASSUMPTION OF ALL RISK INVOLVED IN CONNECTION WITH THE RETREAT. IN NO EVENT WILL ORGANIZER BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE RETREAT.

REGISTRATION TO USE WEBSITE
Guests may be asked to register to use the Organizer’s Website. The guest will choose a unique account name and password. The guest is responsible for ensuring the continued accuracy, security, and confidentiality of this information. Guests may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information or using the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

EXPECTED BEHAVIOUR
Guest agrees not to use the Website, Facebook Group, WhatsApp Group or the Retreat for any unlawful purpose or any purpose prohibited under this clause. Guest agrees not to undertake any action which may damage the Organizer in any way.
Guest further agrees not to use the Website or the Retreat:

To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

To violate any intellectual property rights of the Organizer.

To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

To perpetrate any fraud;

To send unsolicited emails or engage in or create any unlawful gambling, sweepstakes or pyramid scheme;

To publish or distribute any obscene or defamatory material;

To publish or distribute any material that incites violence, hate, or distribute towards any group.

To unlawfully gather information about others.
Commission of any of the above acts will warrant your exclusion from the Retreat and/or forfeiture of your slot, without a right to a refund.

RELEASE OF LIABILITY
Guest hereby releases Organizer, as well as any of Organizer’s affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages, or other legal action which may arise from Guest’s dispute with another Guest.

MEDIA RELEASE
You acknowledge and agree that before and during the Retreat, you may be subject to photographs, videos, sound recordings or other media capturing your face, name, voice or likeness. In consideration for your participation in the Retreat, you hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyright, licensing, digitization, and/or release of the Released Media, as defined below, by the Organizer, as well as any employees, affiliates, associates, representative, or agents (collectively referred to as the “Release Receiver) for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.
The Released Media will include, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereinafter developed of you or your likeness before and during the Retreat by the Release Receiver.
You hereby release the Release Receiver from any claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights. You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released Media.
You give consent to the use of this Released Media while knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party your location, email, or physical address, or any other contact details, such as phone number.

EFFECTIVITY & TERMINATION
This Agreement shall take effect immediately upon execution by the parties. It shall continue until terminated by either Party or until the Guest attends and completes the Retreat. Any provision of this Agreement which, by its terms, imposes continuing obligations on either of the parties shall survive termination of this Agreement.

INTELLECTUAL PROPERTY
Guest acknowledges and agrees that the Organizer’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including but not limited to any copyrights, patents, trademarks, proprietary or other rights arising therefor, are owned by the Organizer or its affiliates, licensors, or suppliers.
The Guest acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Organizer and its affiliates, licensors, and suppliers.
Guest expressly agrees not to do anything inconsistent with Organizer’s ownership of all of the intellectual property discussed herein. Guest further agrees that there are no rights, title, or interest in or to any of the Organizer’s intellectual property. In addition, the Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organizer or any third party.

INDEMNIFICATION
The Guest agrees to defend and indemnify the Organizer and any of its affiliates and hold them harmless against any legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Guest’s use or misuse of the Website, Guest’s attendance at the Retreat, Guest’s breach of this Agreement, or Guest’s conduct or actions. The Guest agrees that the Organizer shall be able to select its legal counsel and may participate in its defence, if so desired.

SEVERABILITY
In case any provisions of these Terms are held invalid, illegal or unenforceable, any other provisions or part thereof not affected shall remain valid, in full force and effect. The provision rendered invalid, illegal or unenforceable shall be changed or interpreted to best accomplish the objectives and purpose of the whole provision and/or these Terms.

NO WAIVER
The failure of the Organizer to insist upon strict adherence to any of the terms of this Agreement on any occasion shall not be considered a waiver of its rights. Neither shall it deprive the Organizer of the right thereafter to insist upon strict adherence to the term of any other term of this Agreement.

NON-DISPARAGEMENT
Complaints and Grievances are to be settled per the next Section. The Guest may not post or publish any disparaging or defamatory remarks about the Organizer, her business or services.

COMPLAINTS & DISPUTE RESOLUTION
The parties agree that they will exert all efforts to resolve any complaints and grievances amicably. All complaints must be communicated to us in writing within seven (7) working days from the end of the Retreat.
If the parties are unable to resolve the dispute, both Parties agree to submit the issue to a binding arbitration in or nearest the canton where the Organizer is located. The Guest agrees and hereby waives any right to class arbitration. The Guest further agrees to conduct an arbitration solely based on his/her individual claim and/or entirely related to his/her claims against the Organizer.
The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The Arbitrator shall be bound by the applicable and governing law of Switzerland.
If the complaint or dispute was brought about due to the act or negligence of the Guest, the latter shall pay in full all the costs that are associated with initiation of the proceedings and all administration costs related thereto, including attorney’s fees. The Parties waive any rights they may have to a jury trial in regard to arbitral claims.

GOVERNING LAW
This Agreement shall be governed by and construed per the law of Switzerland without giving effect to any choice or conflict of law provision or rules.

ENTIRE AGREEMENT
These Terms constitute the entire agreement between the Parties. These Terms supersede all and prior or contemporaneous agreements, representations, proposals, and understandings between the Parties.