CORC YOGA RETREAT TERMS AND CONDITIONS
I hereby agree with the terms and conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY before you book your reservations for the retreat described on the Cortica Republic LLC, dba Corc Yoga (referred to as “Corc Yoga” "we", "us", or "our" as the context may require) website at corcyoga.com (“Site”).
These Retreat Terms and Conditions ("Retreat Terms") are entered into by and between you and Corc Yoga. By booking a reservation for the Retreat described on our Site [https://corcyoga.com/pages/corc-yoga-retreat-the-renewal] (“Reservation”), you agree to be bound by these Retreat Terms.
The Retreat Terms are subject to change by Corc Yoga without prior written notice at any time, in our sole discretion.
THESE RETREAT TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY BOOKING YOUR RESERVATION FROM THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. YOU AFFIRM THAT IF YOU BOOK YOUR RESERVATION ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT MAKE RESERVATIONS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT WITH CORC YOGA, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
1. Retreat Prices.
(a) All posted retreat prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for the Retreat will be the price in effect at the time the Reservation is booked and will be set out in your Reservation confirmation email. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Retreat Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(b) In the event a yoga teacher cannot perform (for any reason whatsoever) under their agreement with Corc Yoga, we will substitute such teacher for another yoga teacher.
(c) Price increases will only apply to Reservations placed after such changes.
(d) We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. For more information about such fees, please contact us at firstname.lastname@example.org.
2. Booking Reservation.
You agree to pay us the price of the Retreat (“Price”) in Euros for the Retreat. To book a Reservation, you must pay a non-refundable deposit of at least twenty-five percent (25%) of the Price (“Deposit”).
3. Payment Terms.
(a) You must pay 100% of the Price before 16 September, 2021, minus the Deposit.
(b) We accept the following payment methods: PayPal, Mastercard, Visa and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, and (iii) charges incurred by you will be honored by your credit card company.
4. Cancellations and Refunds.
(a) In the event you cancel the retreat, you understand and agree that we will not refund your Deposit. If you cancel the Retreat after 1 September, 2021, you are responsible for paying the entire amount. If you would like to transfer the right to attend the Retreat to another third party, you must submit your request in writing at least 30 days prior to the first day of the Retreat.
5. Travel Insurance. We advise you to purchase individual travel insurance for the Retreat if you are traveling internationally. Such insurance coverage should include medical coverage. We recommend that you purchase insurance which covers cancellation (if you get sick or for whatever reason).
6. Travel Documents. You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We do not have special knowledge regarding foreign entry requirements or travel documents. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to the Retreat.
7. Your Health.
(a) Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
(b) It is your responsibility to inform your instructor if you have any injuries and to be mindful at all times of your body’s capability during the Retreat. If you experience any injury or discomfort with any activities throughout the Retreat, you must desist immediately.
(c) It is also your responsibility to consult with a doctor to determine whether you are fit and healthy to undertake yoga classes and other physical activities that you may choose to do while you are on the Retreat.
(d) You must tell us if you have any medical conditions (physical and mental) (“Medical Conditions”) and dietary requirements prior to booking your Reservation. If you have any Medical Conditions or dietary requirements, we require a medical release form related to Medical Conditions and reserve the right to cancel your Reservation.
8. Cancellation by Corc Yoga. We reserve the right to cancel any event at any time and Corc Yoga will refund the amount you paid to Corc Yoga. In addition, we reserve the right to cancel any event at any time if, due to a force majeure event as set forth in Section 12, the operating of the event would be unsafe or otherwise unviable. In the event of a force majeure event, you will receive a refund equal to the amount paid to Corc Yoga minus any costs incurred by Corc Yoga which are not recoverable minus bank transfers costs.
9. Warranty and Disclaimers. ALL SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
10. Limitation of Liability. IN NO EVENT SHALL CORC YOGA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER CONTRACTOR, AUTHORIZED AGENT OR REPRESENTATIVE (“REPRESENTATIVES”) OF CORC YOGA HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO CORC YOGA PRODUCTS AND SERVICES, THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES PURCHASED, LICENSED, OR OBTAINED, EVEN IF CORC YOGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF CORC YOGA OR ANY OF ITS REPRESENTATIVES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
14. Dispute Resolution and Binding Arbitration.
(a) In the event the parties have a dispute regarding a controversy less than $10,000, the parties shall pursue such claim in small-claims court rather than arbitration. The small-claims court proceeding will be limited solely to your individual dispute or controversy.
(b) YOU AND CORC YOGA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(c) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CORC YOGA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
15. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Corc Yoga.
17. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at email@example.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Cortica Republic LLC, 2295 Moortown Dr., Tustin, CA 92782. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
19. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
21. Photography. With respect to photos from the event which include(s) your image, you hereby grant to Corc Yoga an irrevocable right to use those photos for marketing and promotional purposes (including, without limitation, on our website, in advertisements, marketing materials and/or on our social media platforms), on a royalty-free basis, throughout the world and in perpetuity. With respect to any still photos from the event which were shot by you and posted on Facebook, Instagram, Twitter or any other social media platform, you hereby grant to us an irrevocable right to re-post those photos on Facebook, Instagram, Twitter or any other such social media platform, on a royalty-free basis, throughout the world and in perpetuity.