Before completing your registration, please review and sign the following participation agreement. Once submitted, you’ll be directed to the payment page to finalize your registration.

This Retreat Participation Agreement (the “Agreement”) is entered into between the undersigned participant (the “Participant,” “you,” or “your”) and Yoga Kaala, LLC d/b/a Avita Yoga Online (“Avita Yoga Online,” “Studio,” or “we”).

We are pleased to welcome you to our Retreat experiences. Our intention is to create a supportive, meaningful, and well-organized environment for practice, reflection, rest, connection, and travel. Because Retreat participation may involve physical activity, shared group experiences, accommodations, transportation, changing environments, and other travel-related variables, this Agreement explains the responsibilities, risks, and legal terms that apply to your participation in our Retreats.

In consideration for being permitted to register for and attend any retreat, workshop, or event organized by Avita Yoga Online (each, a “Retreat”), you agree to the terms and conditions set forth herein. You acknowledge that this is a legally binding contract that includes important waivers and limitations of your legal rights, and you agree to it voluntarily.

IMPORTANT: BY SIGNING THIS AGREEMENT, YOU ARE RELEASING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING CLAIMS AGAINST AVITA YOGA ONLINE FOR NEGLIGENCE. PLEASE READ CAREFULLY AND ASK QUESTIONS BEFORE SIGNING.

Terms and Conditions

I. Voluntary Participation

You understand that participation in Retreat activities offered by Avita Yoga Online may include yoga classes, fitness or movement practices, wellness services, meditation sessions, walking, hiking, swimming, meals, excursions, transportation, lodging, and other related experiences (collectively, the “Activities”). By choosing to participate, you acknowledge that you are doing so voluntarily, that you are responsible for listening to your body and exercising reasonable care for your own health and safety, and that this Agreement explains the risks you are assuming and the legal rights you are agreeing to waive.

II. Health, Fitness, and Participant Responsibilities

Health & Fitness Acknowledgement.  You represent and warrant that you are physically and mentally able to participate safely in the Retreat and Activities. You understand that the Activities may be physically strenuous, require physical and mental exertion, and may involve increased risks for individuals with certain health conditions, injuries, body limitations, allergies, sensitivities, or other concerns.

You understand that it is your responsibility to consult with a physician or other qualified medical professional before participating if you have any concerns about your ability to participate safely, and to follow such professional advice during your participation.

You agree that you are solely responsible for monitoring your condition during the Retreat and for stopping, modifying, or declining participation in any Activity if you experience pain, dizziness, shortness of breath, numbness, tingling, discomfort, emotional distress, or any other sign that you should not continue. You also understand that Avita Yoga Online may refuse, limit, or discontinue your participation in any Activity or in the Retreat as a whole if Avita Yoga Online reasonably believes your participation may be unsafe for you or others.

You are responsible for securing and maintaining all necessary travel documents, identification, passport validity, visas, vaccination records, and entry requirements applicable to your travel, including as may be required by the Retreat venue. You are also solely responsible for personal and incidental expenses not expressly included in the Retreat price and for any damage you cause to hotel rooms, vehicles, venues, or other property.

III. Non-Medical Treatment and Wellness Acknowledgment

Understanding and Acknowledgement of Risk.  You understand and acknowledge that Avita Yoga Online and its owners (including Jeff Bailey), members, managers, employees, contractors, instructors, retreat leaders, volunteers, agents, and representatives are not physicians, psychologists, psychotherapists, nurses, physical therapists, dietitians or nutritionists, licensed health care providers, or other medical professionals unless expressly stated otherwise in writing.

No Diagnosis or Medical Treatment. You further acknowledge that Avita Yoga Online does not diagnose, treat, cure, or prevent any disease, illness, injury, physical condition, mental health condition, or other medical issue, and does not provide medical advice, mental health treatment, physical therapy, or other licensed health care services through the Retreat.

General Wellness. You understand that any statements by Avita Yoga Online relating to yoga, the Avita Yoga method and approach to yoga, meditation, breathwork, movement, mindfulness, nervous system regulation, stress reduction, emotional well-being, or the possible benefits of Retreat participation are intended solely for general wellness, educational, or informational purposes. They are not medical claims and are not a promise or guarantee of any specific physical, emotional, therapeutic, or health-related outcome.

Not a Substitute for Medical Advice or Treatment. You agree that you will not rely on the Retreat or on any statement by Avita Yoga Online as a substitute for medical advice, diagnosis, counseling, treatment, or care from your own qualified professionals.

IV. Assumption of Risk and Acknowledgment

You understand that participation in the Activities involves inherent and other risks, dangers, and hazards that can result in physical injury, emotional or psychological stress, illness, aggravation of a pre-existing condition, property damage, travel disruption, disability, or, in rare cases, death. These risks may arise from physical movement, yoga postures, yoga shapes, stretching, exercise, breathwork, meditation, walking or hiking, swimming, transportation, use of equipment or props, the condition of premises or other locations, weather, terrain, food and beverage service, local conditions, interactions with other participants or third parties, your own physical or mental condition or limitations, your decision to exceed personal limits, or your interpretation of instructions or guidance.

Retreat Venue May Be Remote. You further understand that Retreats may be held in remote, rural, or unfamiliar locations, and that such locations may involve additional risks, including limited or delayed access to hospitals, physicians, pharmacies, emergency transport, or other medical services; inconsistent communications infrastructure; unfamiliar roads or transportation systems; longer response times for emergency assistance; and heightened travel, terrain, weather, or evacuation risks.

No Guarantees. You understand that food safety, sanitation, preparation standards, and available accommodations may differ from what you are accustomed to, and that all dietary needs, preferences, and allergy-related requests may not be capable of being accommodated safely by third-party providers. You remain solely responsible for managing your own dietary choices and medical needs.

You understand that participation in the Retreat involves certain inherent risks, and you choose to participate voluntarily. By participating, you accept responsibility for those risks to the extent they are inherent in the activities offered as part of the Retreat and to the extent permitted by applicable law.

V. Risk of Exposure to Communicable Illness

You understand that participation in the Retreat, including travel to and from the Retreat and time spent in shared indoor or outdoor spaces, may involve exposure to COVID-19, influenza, and other bacterial, viral, or communicable illnesses. You understand that exposure may occur despite reasonable precautions and may result in serious illness, medical complications, long-term effects, or death, particularly for individuals with underlying conditions or other risk factors. You knowingly and voluntarily assume those risks as part of your participation.

VI. Third-Party Providers, Travel, Unsupervised Time

You understand that Avita Yoga Online does not own, operate, or control the entities that may provide goods or services in connection with the Retreat, such as retreat venues, hotels, lodging facilities, property owners, airlines, transportation companies, restaurants, caterers, local guides, excursion operators, wellness providers, and other vendors (collectively, “Third-Party Providers”). These Third-Party Providers are independent businesses and are not employees, agents, or affiliates of Avita Yoga Online.

Not Responsible for Third Parties. As permitted by law, Avita Yoga Online is not responsible for the separate acts, omissions, policies, service failures, delays, cancellations, overbookings, food preparation practices, transportation incidents, insolvency, or other conduct of any Third-Party Provider.

Free Time.  Any time you are not participating in a scheduled Activity under the direct supervision of an Avita Yoga Online retreat leader or guide, including personal excursions, free time, independent exploration, or any period during which you separate from the supervised group, you are acting independently and at your own sole risk.

VII. Medical Treatment and Emergency Authorization

You are responsible for your own health and well-being. You agree to listen to your body and to cease, adjust, or decline participation in any Activity as needed for your own safety.

Limited Medical Authorization. If you become ill, injured, or otherwise incapacitated, you authorize Avita Yoga Online to take any action it reasonably deems necessary for your safety, including securing medical treatment, arranging transportation, arranging evacuation, or directing that you cease participation in the Retreat, all at your sole expense or as covered by your insurance. Avita Yoga Online will attempt to contact your designated emergency contact when reasonably practicable, but may act without prior contact if the circumstances reasonably require immediate action.

We are Not Medical Providers. Avita Yoga Online is not a medical provider and assumes no responsibility for the availability, adequacy, timeliness, or quality of any medical care, services, facilities, evacuation resources, or supplies at any Retreat location.

Disclosures to Medical Personnel.  You consent to Avita Yoga Online sharing limited health and emergency contact information with medical personnel, insurers, transportation providers, emergency contacts, or other appropriate persons as reasonably necessary in an emergency.

VIII. Insurance, Proof of Coverage, and Travel Protection

Travel Insurance is Recommended. You are solely responsible for evaluating your insurance needs and deciding whether to obtain health, medical, travel, accident, evacuation, property, and trip cancellation or interruption insurance for the Retreat, unless Avita Yoga Online expressly states in writing that certain coverage is included or required.

Any insurance included as part of a Retreat, if any, is provided by an independent third-party insurer and is governed solely by that insurer’s terms, conditions, exclusions, and limitations. Avita Yoga Online is not an insurance producer and cannot advise you regarding the adequacy of any coverage.

If Avita Yoga Online requires proof of insurance for a particular Retreat, you agree to provide such proof by the deadline specified by Avita Yoga Online. Failure to do so may result in cancellation of your participation, subject to any separate written booking or cancellation terms.

IX. Participant Conduct and Right to Refuse or Remove Participation

You agree to conduct yourself in a respectful and responsible manner and to follow reasonable instructions given by Avita Yoga Online, retreat leaders, venue staff, guides, and Third-Party Providers concerning safety, group timing, property rules, local customs, and community well-being.

Avita Yoga Online may refuse participation, require modified participation, or remove you from part or all of the Retreat, without refund to the extent permitted by applicable law and subject to any separate written cancellation terms, if Avita Yoga Online reasonably believes that you present a safety risk, are unable to participate safely, violate Retreat rules, engage in disruptive, threatening, or unlawful conduct, or materially breach this Agreement.

If you are removed from the Retreat or choose to depart early, you are responsible for any resulting travel, lodging, medical, or other costs, subject to any rights you may have under applicable law or insurance coverage you may have purchased.

X. Release and Waiver of Liability

In consideration of being permitted to participate in the Retreat, you, on behalf of yourself and anyone who may claim through you, including your heirs, estate, legal representatives, and assigns, knowingly and voluntarily assume full responsibility for all risks of participation, whether known or unknown, and, to the extent permitted by applicable law, agree to release, waive, and discharge Yoga Kaala, LLC d/b/a Avita Yoga Online and its owners, members, managers, employees, contractors, agents, instructors, retreat leaders, volunteers, representatives, successors, and assigns (collectively, the “Released Parties”) from any and all claims, causes of action, damages, liabilities, losses, costs, and expenses arising out of or related to your participation in the Retreat, including claims for personal injury, illness, death, emotional distress, or property damage, including claims based on the ordinary negligence of any Released Party.

This release does not apply to claims arising from gross negligence, willful misconduct, fraud, or any other liability that cannot lawfully be waived.

XI. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, demands, actions, damages, liabilities, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to your participation in the Retreat, your conduct during the Retreat, your violation of law, or your breach of this Agreement, except to the extent finally determined to have resulted from the gross negligence or willful misconduct of a Released Party.

XII. Payment, Cancellation, Force Majeure, and Incorporated Terms

This Agreement addresses legal risk allocation and participation terms. Commercial terms relating to Retreat price, deposits, payment schedules, inclusions, exclusions, cancellations, credits, substitutions, transfers, and refunds may be set out in a separate booking form, landing page, website page, invoice, Retreat description, or terms and conditions issued by Avita Yoga Online, all of which are incorporated by reference to the extent applicable. The documents should be construed together to the maximum extent possible.  Unless otherwise stated, our Retreat cancellation policy is as follows:

Cancellation by Participant.  All cancellation requests must be made in writing. The initial deposit is non-refundable, except if Avita Yoga Online cancels the Retreat.

• If you cancel 100 or more days before the Retreat start date, you may either:
  • reschedule once to another available retreat offered by Avita Yoga Online at no additional charge, subject to availability; or
  • receive a refund of all amounts paid, less the non-refundable deposit.
• If you cancel 99 to 45 days before the Retreat start date, 30% of the total Retreat price is non-refundable.
• If you cancel 44 to 30 days before the Retreat start date, 40% of the total Retreat price is non-refundable.
• If you cancel 29 to 10 days before the Retreat start date, 70% of the total Retreat price is non-refundable.
• If you cancel fewer than 10 days before the Retreat start date, or fail to attend, 100% of the total Retreat price is non-refundable.

Any refund due will be calculated based on the total Retreat price, not merely the amount of the deposit, and any non-refundable amount may be retained from sums already paid or remain due to the extent permitted by applicable law.

Force Majeure Event.  In the event of a cancellation, delay, interruption, or material alteration caused by acts of God, natural disasters, severe weather, fire, flood, disease outbreaks, epidemics, pandemics, government orders, travel restrictions, war, terrorism, civil unrest, strikes, transportation failures, supplier failures, or other events beyond Avita Yoga Online’s reasonable control (each, a “Force Majeure Event”), Avita Yoga Online will not be liable for any resulting losses, costs, damages, or expenses except as expressly required by applicable law or by any separate written booking terms that control the commercial aspects of the Retreat.

In the event of a cancellation or material alteration due to a Force Majeure Event, Avita Yoga Online is not obligated to issue a direct refund. Instead, Avita Yoga Online may, in its discretion: (a) first use commercially reasonable efforts to arrange substitute services of a comparable standard; or (b) if substitution is not possible, use good faith efforts for a period of up to six (6) months after the Force Majeure Event to negotiate and obtain refunds from its Third-Party Providers for any unutilized portion of the Retreat. You understand and agree that these efforts do not guarantee that any funds will be recovered. For any unrecovered portion of the Retreat cost, your sole and exclusive remedy shall be to submit a claim to your travel insurance provider, if you purchased travel insurance that includes applicable cancellation coverage.

Notwithstanding the foregoing, if Avita Yoga Online cancels your Retreat prior to departure, such as due to low enrollment or illness of key personnel, we will attempt to re-schedule the Retreat. If you are unable to attend the new dates, you will receive a full refund.

XIII. Photo and Video Release

You understand that Avita Yoga Online may photograph, video record, or otherwise record portions of the Retreat. Unless you opt out in writing before the Retreat begins, you consent to the use of your image, likeness, voice, comments, remarks, and appearance in such recordings for lawful business purposes, including Avita Yoga Online’s website, social media, educational materials, and promotional content, without compensation to you.

XIV. International Travel Provisions

If the Retreat includes travel outside your home state or country, you acknowledge that additional risks may apply, including border-entry issues, visa or re-entry problems, differing health and safety standards, local laws, crime, political instability, transportation limitations, weather events, food and water differences, limited emergency response resources, and reduced access to familiar medical care or consular assistance.

If the Studio is subject to any mandatory consumer protection or travel laws, this Agreement will be interpreted to comply with them. Nothing in this Agreement waives any non-waivable consumer rights under applicable law.

XV. Good Faith Resolution, Liability and Time limits, Waiver of Class Actions

MANDATORY GOOD-FAITH DISPUTE RESOLUTION

Before filing any lawsuit or other court action arising out of or related to this Agreement or your participation in the Retreat, you agree to make a good faith effort to resolve the dispute directly with Avita Yoga Online. This good faith effort will include at least thirty (30) days’ written notice of the dispute and a reasonable opportunity for the parties to discuss and attempt to resolve the matter informally; such good faith efforts shall include at least one in-person, video or telephonic meeting.

LIMITATION OF LIABILITY

EXCEPT FOR CLAIMS ARISING FROM A RELEASED PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF YOGA KAALA, LLC D/B/A AVITA YOGA ONLINE AND THE RELEASED PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PARTICIPATION IN A RETREAT WILL NOT EXCEED THE TOTAL FEES YOU PAID TO AVITA YOGA ONLINE FOR THE RETREAT.

TIME LIMIT TO INITIATE CLAIMS

You and Avita Yoga Online agree that any claim arising out of or relating to the Retreat or this Agreement should be brought in the forum designated in this Agreement within one (1) year after the scheduled end date of the Retreat. If a claim is not brought within that time, it may no longer be pursued, except AS prohibited by applicable law.

CLASS ACTION WAIVER

You and Avita Yoga Online agree that any dispute arising out of or relating to the Retreat or this Agreement will be brought on an individual basis only, and not as part of a class, collective, representative, mass, or similar proceeding, except AS prohibited by applicable law.

XVI. Governing Law, Venue, Severability; Electronic Signature

Governing Law. This Agreement shall be governed by the laws of the state of Colorado, without regard to conflict-of-law principles.

Venue. All actions, suits, claims, and proceedings relating to this Agreement shall be brought in a court of competent jurisdiction located in or nearest to Boulder, Colorado.

Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, that determination shall not affect any other provision, and this Agreement shall be construed as if the invalid provision had never been included.

Acknowledgment. You acknowledge that you have carefully read this Agreement and fully understand its contents. You voluntarily and knowingly agree to its terms and understand that, by signing it, you are giving up substantial legal rights, including the right to bring certain claims against the Released Parties.

You further agree that your electronic signature is intended to have the same force and effect as an original handwritten signature.