Vietnam Tour 2025

THE VIETNAM TOUR MARCH 2025

This agreement (“Agreement”) is made and entered into on April 18, 2024 or the date upon which it is signed (“Effective Date”) between and among Roots to Wings Yoga, “the Company,” as represented by Tristina Kennedy and Michael Fong hereafter referred to as the “Retreat Leaders,” and the named individual who completes/signs this form, hereafter referred to as the “Client.”  

THEREFORE, the Retreat Leaders and the Client agree as follows: 

1. TERMS.  
   1. The purpose of this Agreement is to set forth the details of The Vietnam Tour (“the Retreat”) as outlined on https://www.rootstowings.yoga/vietnam taking place from March 13-22, 2025, as well as the Parties relationship to ensure each are clear as to respective roles so that the experience will be positive, productive, and comfortable.
   2. The total cost of this trip has been outlined to you separately, via email. If you registered for a double occupancy twin room and do not have a roommate, we will make efforts to pair you with another traveler. In the event this is not possible, you will be responsible for the $800.00 single occupancy supplement. By signing this Agreement, you acknowledge the cost of the trip and agree to pay the amount (and any applicable supplements) based on the Payment Terms below.
   3. The Retreat will include the following: 
      1. Nine (9) night’s accommodations
      2. Nine (9) breakfasts
      3. Five (5) lunches
      4. Four (4) dinners
      5. Yoga & movement classes, meditation, and Retreat Leaders’ facilitation and guidance throughout the Retreat.
      6. Group airport transfer from the airport to our property on arrival day (at one set time).
      7. Roundtrip domestic flight between Hanoi and Danang on the dates of March 18, 2025 and March 22, 2025. If your travel plans require you to fly to a location other than Hanoi on March 22, 2025 (or on a different day), this will be your responsibility to book, at your cost.
      8. Other activities and/or items as described on the retreat Websites.
      9. Additional activities, food, items, transportation, and resources may be included at Retreat Leaders’ discretion.
   4. Any and all costs for lodging/transportation/food and other not listed above are the responsibility of the Client. If you arrive outside of the time for the group airport transfer on arrival day, you will be responsible for the cost of your transportation. We can help you arrange this. Client acknowledges that no other costs beyond those described herein will be included in the cost of the Retreat.
   5. Client will inform the Retreat Leaders of any dietary restrictions at least thirty days (30) prior to the start of the Retreat.

    

2. PAYMENT TERMS.  
   1. The Client will make payments via Zelle, check, or other agreed upon method. Please note a fee of 4% will automatically be added to all card payments beyond the deposit.
   2. Deposit: A deposit of $800.00 of the total amount is required for Client’s booking to be confirmed. The deposit is applied to Client’s total cost and is NON-REFUNDABLE and NON-TRANSERABLE. Client is strongly encouraged to purchase travel insurance with "cancel for any reason" coverage.
   3. Balance: If the amount has not been paid in full, payment of Client’s remaining balance is due in two payments. 50% of your balance is due 120 days prior to the start of the retreat (November 13, 2024) and full payment of the remaining balance is due 90 days prior to the start of the retreat (December 13, 2024). Payments are non-refundable and non-transferable.
   4. Late Payments: We must pay our providers and tour operators in advance; therefore, we must collect the full payment by the due date specified. If Client does not pay in full by this date, a $250 late payment fee will be added to the invoice. If Client does not pay the remaining balance within 7 days after the final payment due date, Client’s reservation will be subject to termination without refund of any of the amount paid to date.

       

3. CANCELLATIONS.
   1. Cancellation by Client: If Client cancels more than 120 days before the start of the Retreat (November 13, 2024), monies received beyond the non-refundable deposit will be refunded (less any credit card fees, if applicable). If Client cancels less than 120 days prior to the start of the yoga retreat, a refund of monies paid beyond the non-refundable deposit is only available if Client can provide another individual to fill their space. In the event of any refunds/transfers, a $250 administrative fee + any credit card transaction fees will be deducted. There will be no refunds or discounts for arriving late, leaving early, opting out of activities, opting out of transport, flight cancellations, travel delays, or illness. If Client cancels their participation in the Retreat, in part, or full, for any reason, the cancellation policy will apply, with no exceptions. Client is strongly encouraged to purchase travel insurance with “cancel for any reason” coverage.
   2. Postponement or Cancellation by Retreat Leaders: In the event that the Retreat must be postponed or cancelled due to weather, natural disaster, war, political upheaval, health crises, pandemics, act of god, or any other circumstance outside of Retreat Leaders’ control, there is no guarantee of a refund. Retreat Leaders will not compensate Client for airfare or any other costs incurred. To cover these risks, again, client is strongly encouraged to purchase travel insurance with “cancel for any reason” coverage.
   3. Retreat Leaders reserve the right to cancel any booking without refund and/or refuse service to Client if they display or are said to display inappropriate, violent, or harmful behavior of any kind towards themselves or others before and/or during the Retreat.
      
      

4. CHANGES. Client acknowledges that in the event of circumstances outside of their control, the Retreat Leaders reserve the right to make changes or substitutions in the itinerary, accommodations, amenities, teachers, and/or activities. If this is deemed necessary, all attempts will be made to secure comparable substitutions. It is understood and agreed upon that no refunds, partial or full, will be issued in these instances.

5. DISCLAIMERS. By participating in the Retreat, Client acknowledges that the Retreat Leaders or guest speakers are not acting as medical doctors, psychologists, therapists, lawyers, or financial advisors, and Retreat Leaders’ and services provided do not replace the care of other professionals. Retreat Leaders’ services are in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.  

    

   The Retreat Leaders may provide the Client with information and/or products that the Retreat Leaders believe might benefit the Client, but such information is not to be taken as an endorsement.The Retreat Leaders are not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information Retreat Leaders provides.
   
   The Retreat Leaders may provide Client with third-party recommendations for such services as travel, insurance, photography, business, legal, financial, health, or other related services to utilize either during or after the Retreat. Client agrees that these are only suggestions and the Retreat Leaders will not be held liable for the services provided by any third-party to the Client. The Retreat Leaders is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party. The Retreat Leaders do not accept any responsibility for claims decisions made by Client's travel insurance company. 
   
   Any testimonials or examples shown through the Website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the participation in the Retreat.  
   
   

6. CLIENT RESPONSIBILITY; NO GUARANTEES. Client acknowledges that the Retreat Leaders has not and does not make any representations as to a future outcome of any kind that may be derived as a result of the Retreat.  Client accepts and agrees that Client is 100% responsible for results from the Retreat. The Retreat Leaders makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance.

    

7. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Agreement, the Retreat Leaders maintains all of the copyright, other intellectual property rights, of their Materials. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Retreat Leaders to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Retreat Leaders to provide the services and the products, systems, programs or processes, produced by the Retreat Leaders pursuant to this Agreement.

    

8. PRIVACY POLICY. Any personal information that Retreat Leaders collects about Client may be used for any purpose associated with the operation of the Retreat or to send Client marketing material in relation to our events and special offers. The information may be disclosed to Retreat Leaders’ agents, service providers or other suppliers to enable the operation of the trip.

    

9. RELEASE. The Retreat Leaders/Company may take photographs, videos, audio recordings, or other recordings during the Retreat that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Retreat, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.

    

10. LIABILITY WAIVER.  While the Retreat Leaders will take every possible measure to ensure safety of the Client during the Retreat, the Retreat Leaders cannot control every circumstance. The Client is legally responsible for their safety and any of their belongings and agrees to, and will be held legally liable for the following statements:

     

    I, the Client hereby accept all risk to my health and of my injury or death that may result from participating in the Retreat and I hereby release the Retreat Leaders, and the Retreat Leaders’ respective companies, officers, employees, interns, sponsors and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation in the Retreat, whether caused by negligence of the Retreat Leaders, employees, or representatives, or otherwise.  

     

    I further agree to indemnify and hold harmless the Retreat Leaders and any third-party from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the Retreat. Under no circumstances will the Retreat Leaders or their assigns be held liable for my injury or death or any loss or damage of my personal belongings, any hotel or travel incidentals, including any damages, resulting from my participation in Retreat. 

     

    Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Retreat, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify the Retreat Leaders verbally and in writing if I am at any time injured prior to, during, or after the Retreat in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that the Retreat Leaders are not legally obligated to act on that information in any way or to providing any medical service whatsoever to me.

     

    COVID-19 Assumption of Risk.  I understand that while The Retreat Leaders/Company has undertaken reasonable steps to lessen the risk of transmission of COVID-19 (which includes related variants as well) in connection with the Retreat, The Company is not responsible in any manner for any risks related to COVID-19 in connection with the Retreat. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death.

    
    I am fully aware that participation in the Retreat (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks.
    
    I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks. Furthermore, I represent and warrant that I do not suffer from any medical condition or disease that might in any way hinder or prevent me from receiving the Retreat, including, to my knowledge, COVID-19.

    
    This COVID-19 Assumption of Risk, Release, and Waiver of Liability shall be binding on my heirs, executors, administrators, successors, and assigns. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

     

11. MEDICAL & HEALTH CONDITIONS.  Client must make the Retreat Leaders aware at the time of booking any pre-existing medical conditions, food allergies, or if Client is taking any specific medication. If Client does not make the Retreat Leaders aware of these at the time of booking, the Company will not be held responsible for any health issues that arise from possible contraindications.

     

12. INTERNET ACCESS & SECURITY.   Wireless Internet access, where available, is not guaranteed and is provided subject to third party terms and conditions, which are available when accessing the system. The Retreat Leaders reserves the right to disclose Client’s details to the internet service provider if it is discovered that Client illegally downloaded content from the internet or otherwise engaged in unlawful activity while at the Retreat.

     

13. ADDITIONAL CONSENT & RELEASE PERMISSIONS. By attending the Retreat, you, the Client, are entering an area where photography, audio, and video recording may occur. By attending you consent to photograph, video recording and audio recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, advertising, and inclusion on websites. 

     

14. TRAVEL DOCUMENTATION & INSURANCE. It is the Client’s responsibility to ensure that they have all the relevant travel documentation, passports, visas, COVID/medical tests, vaccinations, insurance and arrive at the airport or retreat location on time. Not having the correct documents is solely the responsibility of the Client.

     

15. TRANSPORT. The Company can accept no responsibility for delay or cancellation of any flights, train, buses or other forms of transport.

     

16. HEALTH & SAFETY REGULATIONS. The Client must comply fully with all and any health and safety regulations. The Client must ensure that they are medically and physically fit and able to use the facilities and participate in activities. If Client has injuries or illnesses, they are advised to seek doctor’s advice if planning to do physical activities. The Retreat Leaders is not liable for any injuries to the Client in their use of facilities or participation in activities. 

     

    Client acknowledges that the Retreat will abide by any COVID-19 guidelines in place at the time of the retreat. It may be required for Client to wear a mask or other forms of facial covering and protective gear designed to help reduce the spread of COVID-19 or other communicable diseases (“Protective Gear”). Client understands and assumes the risks of using any Protective Gear while participating in the Retreat. Client acknowledges and agrees that if they are exposed to and/or contract COVID-19 within two weeks prior to the retreat, they will not attend.

     

17. LOSS OR DAMAGE. Company cannot accept any responsibility for loss or damage of personal possessions or valuables of the Client.

     

18.  LIABILITIES. The Retreat Leaders shall not be liable for any failures beyond its control. This covers natural disasters, pandemics, war, other ‘acts of nature’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors. The Retreat Leaders accepts no liability for loss, damage, injury or illnesses which may be received during the Client’s stay or travel.

     

19. DISCLAIMER OF WARRANTIES. The Retreat and activities involved provided by the Retreat Leaders under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. 

     

20. FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, country travel advisories, a pandemic as defined by the World Health Organization, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

     

21. OTHER.  Retreat Leaders may have to make changes to details, including dates, activities, properties, and/or location, both before and after the Retreat has been confirmed and/or cancel the confirmed Retreat. The Retreat Leaders will endeavor to avoid changes and cancellations but reserves the right to do so. If the Retreat Leaders must cancel, Client will be informed as soon as possible, and Retreat Leaders will reschedule for an agreed upon future date.

     

22. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Retreat Leaders or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

     

23. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Sacramento, CA or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

     

24. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.

     

25. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.  

     

26. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Retreat Leaders. Online Agreement. We mutually agree that this Agreement may be signed electronically, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

The parties have caused this Agreement to be signed by their duly authorized representatives as of the Effective Date.

SIGNED by 

PRINTED NAME: Michael Fong, Roots to Wings Yoga

SIGNED by 

PRINTED NAME: Tristina Kennedy, Roots to Wings Yoga