KATICA, LLC & Dana Saylor Terms and Conditions
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Participants
You are receiving these Terms and Conditions as a result of your participation in a Yoga Retreat with KATICA, LLC and Dana Saylor (Healing With Color: A Creative Sanctuary Retreat in the Sabine Hills of Italy), which includes any recreational, outdoor, adventure, or other activities included on the Trip (an “Activity” or collectively the “Activities”).
Please read the following Terms and Conditions, including the Assumption of Risk and Release of Liability Provisions (collectively the “Terms and Conditions”), carefully. You are responsible for ensuring that you understand the Terms and Conditions. By signing your name and checking the box for the Assumption of Risk and Release of Liability, you acknowledge and agree (i) that you have read and understood these Terms and Conditions (ii) that you have had an opportunity to ask any questions to KATICA, LLC and Dana Saylor about these Terms and Conditions, and (iii) that you agree to be bound by these Terms and Conditions.
KATICA, LLC and Dana Saylor may, at any time, revise or change these Terms and Conditions by updating them and either sharing them with new Clients, resharing them with existing Clients, or posting them on its website or other materials.
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Initial Deposit
In order to reserve your place on the Trip, you are required to pay a deposit to KATICA, LLC and Dana Saylor (the “Initial Deposit”) upon your registration. KATICA, LLC and Dana Saylor require the Initial Deposit since reservations for lodging and services must be booked ahead of time. Your place on the Trip is not secured until you pay the required Initial Deposit to KATICA, LLC and Dana Saylor. The Initial Deposit is non-refundable and non-transferable unless otherwise stated in the Cancellation Policy below. The Initial Deposit is applied to the entire cost of Tuition for the Trip.
You will also be required to pay a processing fee at the time of registration. This processing fee is non-refundable and non-transferable.
KATICA, LLC and Dana Saylor is not responsible for any incidental expenses incurred by you as a result of your participation in the Trip, including, but not limited to any expenses associated with visas, vaccinations, travel insurance excess, non-refundable hotel reservations, or non-refundable flights.
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Tuition
In addition to the Initial Deposit, in order to maintain your place on the Trip, you are required to pay the remaining Tuition by the dates communicated to you in your registration confirmation letter. By signing below, you authorize KATICA, LLC and Dana Saylor to charge the credit card provided by you at registration, on the dates specified by KATICA, LLC and Dana Saylor in your registration confirmation letter, for the remaining Tuition payment(s).
Non-Payment
KATICA, LLC and Dana Saylor reserves the right to cancel your registration if any required Tuition Payment is not paid by the date communicated to you in your registration confirmation letter. The Cancellation Policy set forth below will apply.
Cancellation Policy
The following Cancellation Policy allows KATICA, LLC and Dana Saylor to comply with its contracts with vendors and in-country travel partners and covers the time and resources spent by KATICA, LLC and Dana Saylor in preparing for and arranging a Trip. If you decide to cancel your participation in the Trip, you are required to notify KATICA, LLC and Dana Saylor of your cancellation via email: KaticaWellness@gmail.com and Dana@DanaSaylor.com. Your credit card will be automatically charged on the dates communicated to you in your registration confirmation letter unless you notify KATICA, LLC and Dana Saylor of your cancellation and your enrollment in the Trip is voided.
KATICA, LLC and Dana Saylor has adopted the following Cancellation Policy:
The following Cancellation Policy allows us, the retreat leaders, to comply with our contracts with vendors and in-country travel partners and covers the time and resources spent in preparing for and arranging this retreat.
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Initial $400 deposit and the $40 payment processing fee are non-refundable and non-transferable.
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50% of payments are refundable up to 90 days before the retreat, excluding the initial $400 deposit and the $40 payment processing fee.
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89 days prior to the retreat, tuition is non-refundable and non-transferable.
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Full tuition is refunded if the trip is canceled due to low enrollment. The $40 payment processing fee is not refundable.
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We, the retreat leaders, are not responsible for any loss incurred due to currency conversion rates.
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KATICA, LLC and Dana Saylor reserves the right to reject your booking or to deny your participation in any Trip if KATICA, LLC and Dana Saylor determines, in its sole discretion, that your participation poses a risk to yourself or others or may be disruptive to other participants, a yoga instructor, or any other personnel used by KATICA, LLC and Dana Saylor during a Trip. If KATICA, LLC and Dana Saylor decide to reject your booking and/or deny your participation in a Trip prior to the Trip’s starting date, KATICA, LLC and Dana Saylor will refund you the Initial Deposit and any Tuition paid by you. You will not receive a refund for the processing fee.
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Additionally, during a Trip, KATICA, LLC and Dana Saylor may deny your participation in an Activity or the Trip entirely if KATICA, LLC and Dana Saylor believes, in its sole discretion, that your continued participation will be disruptive to the Trip experience, to other participants on the Trip, or the yoga instructor and/or other personnel used by KATICA, LLC and Dana Saylor during a Trip. If you are denied further participation in a Trip after the Trip’s starting date, you will forfeit any monies paid to KATICA, LLC and Dana Saylor including but not limited to the Initial Deposit and any Tuition. You will be solely responsible for any additional expenses incurred by you, including travel expenses, as a result of the denial of your
continued participation in a Trip.
Failure to Respond to KATICA, LLC and Dana Saylor
Following your registration, KATICA, LLC and Dana Saylor will communicate with you via email regarding travel arrangements, scheduling, and other details about the Trip. KATICA, LLC and Dana Saylor will often request that you respond to these emails. It is important that you respond so that KATICA, LLC and Dana Saylor may confirm your participation and finalize arrangements regarding the Trip. If you have paid the entire Tuition amount but do not timely respond to KATICA, LLC and Dana Saylor communications with you, KATICA, LLC and Dana Saylor in its sole discretion, may treat your non-responsiveness as a cancellation.
Passport and Visas
For a Trip involving international travel, you must carry a valid passport and have obtained all of the appropriate visas, permits, and certificates for the countries in which you will visit during the Trip. It is your responsibility to ensure that you have a valid passport and the appropriate visas, permits, and certificates required for the Trip. As a rule of thumb, KATICA, LLC and Dana Saylor suggest that your passport be valid for a minimum of six (6) months after the end date of the Trip. KATICA, LLC and Dana Saylor are not responsible in any manner whatsoever if you are refused entry to a country for any reason, including, but not limited to, because you lack the proper passport, visa, or other travel documentation required to enter the country.
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Travel Insurance
KATICA, LLC and Dana Saylor strongly recommend that all participants purchase travel insurance to cover the Trip. You are solely responsible for the cost of any travel insurance. You understand that if a Trip is canceled, KATICA, LLC and Dana Saylor Cancellation policy will apply regardless of whether you have purchased travel insurance.
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Transportation
KATICA, LLC and Dana Saylor generally arrange group ground transportation for Trip participants to and from lodging center(s) and the airport. However, in order to use this ground transportation, you are responsible for ensuring that your flight arrival and/or departure time falls within the program flight window provided to you by KATICA, LLC and Dana Saylor. You will be informed of the program flight window in KATICA, LLC and Dana Saylor confirmation as well as the “Time to Book Your Flight” emails.
KATICA, LLC and Dana Saylor require that you provide your flight itinerary, including your arrival and departure dates and times, at least three (3) weeks prior to the first day of the Trip. If you fail to provide your itinerary to KATICA, LLC and Dana Saylor on time, you automatically forfeit any group transportation reserved by KATICA, LLC and Dana Saylor.
If you fail to provide KATICA, LLC and Dana Saylor with your itinerary on time, decline KATICA, LLC and Dana Saylor transportation, book flights that do not coincide with the program flight windows, or arrive / depart from a location different from KATICA, LLC and Dana Saylor required pick-up or drop-off point, KATICA, LLC and Dana Saylor will make efforts to organize private ground transportation for you; however, KATICA, LLC and Dana Saylor cannot guarantee that it will be able to arrange for private ground transportation. If KATICA, LLC and Dana Saylor are unable to arrange for private ground transportation, you are responsible for obtaining your own private transportation. You are solely responsible for any costs or expenses resulting from private ground transportation, regardless of whether such transportation is obtained by KATICA, LLC and Dana Saylor or you.
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Fees and Costs Resulting from Changes in Travel Plans
KATICA, LLC and Dana Saylor understand that you may have to amend your travel plans for personal reasons, including but not limited to illness, or that your air travel may be changed due to mechanical issues, weather, or missed connections. KATICA, LLC and Dana Saylor are not responsible for any changes to your travel plans. You are solely responsible for any additional fees or costs associated with a change in your travel plans.
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If such a change results in you being unable to use the ground transportation previously reserved by KATICA, LLC and Dana Saylor, KATICA, LLC and Dana Saylor will make efforts to organize private ground transportation for you; however, KATICA, LLC and Dana Saylor cannot guarantee that it will be able to arrange for private ground transportation. If KATICA, LLC and Dana Saylor are unable to arrange for private ground transportation, you are responsible for obtaining your own private transportation. You are solely responsible for any costs or expenses resulting from private ground transportation, regardless of whether such transportation is obtained by KATICA, LLC and Dana Saylor or you.
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Medical/Dietary Needs and Restrictions
You are responsible for notifying KATICA, LLC and Dana Saylor of any medical and / or dietary needs or restrictions at the time of your enrollment in the Trip. If you are required to take medications and/or dietary supplements, you are responsible for bringing such items with you on the Trip.
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Your Trip Package
You are free to participate or not participate in any Activity or other service available in the Trip package. If you choose not to participate in any Activity or service, you do so of your own volition and are not entitled to a refund for the Activity or service not used. This includes meals, hotel accommodations, excursions, transportation, and any other Activities or services included in the Trip, as listed on KATICA, LLC and Dana Saylor
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Your Responsibilities
You represent and warrant that you are qualified, in sufficient health, and in proper physical condition to participate in the Trip and any Activities you engage in while on the Trip. You are ultimately responsible for your own safety and for immediately reporting to KATICA, LLC and Dana Saylor any conditions or other restrictions which might affect your ability to safely participate in the Trip or any Activity. If you become aware of any hazardous conditions during the Trip and / or any Activity, you agree to remove yourself from participation and immediately notify the nearest member of KATICA, LLC and Dana Saylor personnel.
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Talent Release Agreement
You hereby grant KATICA, LLC and Dana Saylor and its employees, representatives, or agents, the right and permission to use, for any lawful purpose including any KATICA, LLC and Dana Saylor publication, publicity, advertisement, or education (collectively “Publication”), photographs, film, videotape, electronic representations, or sound recordings made of you during a Trip, without any payment or other consideration. You waive any right that you may have to inspect and/or approve any Publication in which you are presented. You hereby release, discharge, and agree to hold harmless KATICA, LLC and Dana Saylor and its employees, representatives, and/or agents with respect to any and all claims, demands, and causes of action that you have or may have as a result of the Publication. You agree that any Publication shall be the property of KATICA, LLC and Dana Saylor and that KATICA, LLC and Dana Saylor may use the Publication for any purposes anywhere in the world at its sole discretion.
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Itinerary Changes
You understand that changes in the itinerary may be made where deemed advisable, at KATICA, LLC and Dana Saylor sole discretion, for the comfort and well-being of all participants, or because of known causes that could impede or be hazardous. Such change may be due to rules or regulations of KATICA, LLC and Dana Saylor, the venue or the destination, our decision making, or simply necessary due to unforeseen and unexpected events. KATICA, LLC and Dana Saylor will make efforts to communicate these changes to you.
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Inherent Risks
All possible activities and excursions on KATICA, LLC and Dana Saylor trips, including, but not limited to, yoga, zip-lining, surfing, snorkeling, horseback riding, hiking, kayaking, river and ocean boating, jungle wildlife tours, city tours, waterfall excursions, biking, cooking, and fishing involve inherent, known, and unknown risks that could result in serious physical or emotional injury, permanent disability, paralysis, and even death. In addition to activities of or available for the Retreat, you will be traveling internationally and potentially visiting places where the political, cultural and geographical attributes present challenges and dangers. Weather may be involved on trips and inherent risks with respect to the outdoors and weather, including involvement in travel and adventure activities exist as dangers to participants. Further, in today’s public health climate there may be individual, trip, or activity changes necessary due to changes in the health of the Retreat Leaders, Trip Guides or Participants, whether due to regulations or rules or simply due to health implications, including, but not limited to, activity cancellation(s), changes, and / or postponements and You agree that such risks exist and will not make or have any claims if they occur.
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Uncontrollable or Unforeseen Acts
Certain events may occur, including but not limited to natural disasters, political instability, strikes or other labor difficulties, insurrection, war, riots, acts or threats of terrorism, disease epidemics or outbreaks, other disturbances, or other acts of God (a “Force Majeure Event”) which are beyond KATICA, LLC and Dana Saylor control. KATICA, LLC and Dana Saylor reserves the right to cancel any Trip or Activity which, in KATICA, LLC and Dana Saylor sole discretion, is rendered unsafe or otherwise unavailable due to a Force Majeure Event.
Depending on the nature of the Force Majeure Event, KATICA, LLC and Dana Saylor may allow the Trip to continue with any necessary modifications or may allow you to cancel your participation in the Trip. KATICA, LLC and Dana Saylor will provide information to you about any actual or anticipated Force Majeure Event.
With regard to travel to and from any destination and the provision of activities while at any destination, KATICA, LLC and Dana Saylor shall not be liable for any cancellation or interruption of activities or other programming or loss or damage to You resulting from unforeseen causes, including, but not limited to, (i) Acts of God; (ii) from mobs, riots, or civil disturbances; (iii) from acts of war, aggression, or public enemies; (iv) from the staff, retreat leaders, trip guides, trip participants or agents of KATICA, LLC and Dana Saylor getting sick or quitting employment during the trip; (v) Trip participants getting sick, or (vi) from strikes or other labor difficulties.
In the case of cancellation prior to a trip, should it be able to, KATICA, LLC and Dana Saylor will work to obtain refunds of your payments expended to secure reservations in any destination and to return such refunds to you. However, it may not be possible to obtain such refunds, in which case Your payments are non-refundable. You will have the option of canceling your participation in the trip prior to the trip, according to Our Cancellation Policy. You may also agree to continue your participation in the trip as it may be modified as a result of such uncontrollable or unforeseen act and, in which case, you may not make any claims for reimbursement or discount. In addition, if you have purchased trip insurance, whether KATICA, LLC and Dana Saylor damage to you resulting from the bankruptcy, insolvency, dissolution, liquidation, winding up, cessation of business, merger, placement into receivership, or business decisions (including denial of claims) of your insurer.
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Travel, Weather, Pandemics, or Other Natural Disasters
KATICA, LLC and Dana Saylor will do its best to assist in the case of travel delays or cancellations and during times of severe weather or during a natural disaster, including, but not limited to pandemics or other public or personal health implications that affect the Trip. KATICA, LLC and Dana Saylor does not take responsibility or offer discounts in the event of a power outage or an evacuation due to weather or natural disasters, including but not limited to pandemics or other public or personal health implications to Retreat Leaders, Trip Guides, Participants and other agents of KATICA, LLC and Dana Saylor that affect the Trip.
KATICA, LLC and Dana Saylor do not provide a discount for travel delays or cancellations caused by events outside of its control. KATICA, LLC and Dana Saylor highly recommend travel insurance to cover those possible losses.
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COVID-19 Pandemic
Beginning in late 2019, the world experienced a pandemic resulting from the virus COVID-19. By registering for this retreat, you understand that COVID-19 and any variants may be present at the time of your Retreat, and that there may need to be cancellations, postponements, or rescheduling.
In the event that a Trip or Activity is postponed as a result of COVID-19 or a similar virus, including government regulations, such as travel restrictions or border closures, or based upon KATICA, LLC and Dana Saylor sole determination that the safety of participants could be endangered, you will be provided an opportunity to transfer your registration to the postponed date of the Trip or Activity. If you elect to transfer your registration but later decide to cancel your registration for the postponed Trip or Activity, KATICA, LLC and Dana Saylor Cancellation Policy will apply to any amounts previously paid by you to KATICA, LLC and Dana Saylor
In some cases, KATICA, LLC and Dana Saylor may offer a credit balance for paid tuition amounts, but refunds outside of the cancellation terms will not apply. It is the responsibility of all participants to purchase travel insurance to protect their retreat investment. The Cancellation Policy remains in effect if you choose to cancel your registration for any reason, including but not limited to travel advisories, vaccination mandates, travel restrictions imposed by employers, fear of travel, personal illness, etc.
KATICA, LLC and Dana Saylor shall not be liable for any loss or damage suffered by you, including but not limited to the loss of an Initial Deposit and / or Tuition, as a result of COVID-19 and / or the cancellation of a Trip or Activity due to COVID-19 or a similar virus. KATICA, LLC and Dana Saylor will make reasonable efforts to provide you with any information about COVID-19’s actual or anticipated effects on a Trip or Activity.
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Theft
KATICA, LLC and Dana Saylor assume no responsibility for theft or other loss suffered by you during the Trip. You are responsible for ensuring the security of any and all personal property during a Trip or Activity.
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Miscellaneous Provisions
These Terms and Conditions, including the Assumption of Risk and Release of Liability Provision, shall in all respects be interpreted, enforced, and governed under the laws of Orlando, FL USA. In the event of any dispute arising hereunder, the exclusive venue shall be a court of competent jurisdiction in either Seminole County or Orange County in Orlando, FL. You agree that these Terms and Conditions shall be binding upon and inure to the benefit of your heirs, personal representatives, successors, and assigns, and shall inure to the benefit of KATICA, LLC and Dana Saylor and its successors and assigns.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY PROVISION
I intend to participate in a KATICA, LLC and Dana Saylor. trip (the “Trip”), including any activities or services available to and selected by me during the Trip. In consideration for my participation in the Trip, to which I agree I am not otherwise entitled to participate, I hereby agree as follows:
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I am responsible for reviewing and understanding all relevant travel information regarding the Trip, including but not limited to the itinerary provided to you by KATICA, LLC and Dana Saylor (“KATICA, LLC and Dana Saylor”). I acknowledge and agree that my decision to participate in the Trip is voluntary and that I have reviewed and understood all information about the Trip, including but not limited to the itinerary, provided to me by KATICA, LLC and Dana Saylor. I further agree that I have had an opportunity to ask KATICA, LLC and Dana Saylor any questions about the Trip.
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I understand and acknowledge the Trip is adventurous in nature, involving international travel and activities such as yoga, excursions, biking, cooking (the “Activities”).
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I understand and acknowledge that there is risk, inherent or otherwise, of injury, illness, or death, when I choose to participate in the Trip and/or any Activities available on the Trip, and that such risk cannot be eliminated without changing the nature, value, and appeal of the Trip and/or the Activities. I acknowledge and voluntarily assume all risk of accident, injury, illness, death, or damage to my person which may be caused by, incurred from or in any way related to my participation in the Trip and / or the Activities.
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In consideration for my participation in the Trip, I, on behalf of myself and my heirs, executors, administrators, assigns, and any and all other persons claiming by and through me, hereby covenant not to sue and fully and forever release and discharge KATICA, LLC and Dana Saylor and its officers, directors, shareholders, agents, members, employees, former employees, and representatives (hereinafter collectively referred to as “KATICA, LLC and Dana Saylor and Representatives”) from any and all claims, demands, damages, losses, actions, suits, causes of action, debts, costs, expenses, attorneys’ fees, judgments, and all other liabilities that may arise from my participation in the Trip and/or any available Activities. This release extends to claims arising from any cause whatsoever, including but not limited to negligence of KATICA, LLC and Dana Saylor and Representatives, breach of contract, and/or products liability, excepting gross negligence or intentionally wrongful conduct. KATICA, LLC and Dana Saylor shall not be liable for any indirect, special, incidental, or consequential damages or loss.
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I hereby agree to hold harmless and indemnify (that is, defend and pay, including costs and attorneys’ fees) KATICA, LLC and Dana Saylor and Representatives from liability for any claim, including damage to property or personal injury, illness, or death, of any third party (including co-participants) arising form or in any way related to my participation in the Trip and/or the Activities. This indemnity includes claims arising from negligence (excluding gross negligence or intentionally wrongful conduct) of KATICA, LLC and Dana Saylor and Representatives.
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In the event of an emergency resulting from, arising from, or in any way related to my participation in a Trip or Activity, I hereby authorize KATICA, LLC and Dana Saylor and Representatives to secure from any hospital, physician, or other medical provider selected by KATICA, LLC and Dana Saylor any treatment deemed by such healthcare provider as necessary for my immediate care, including but not limited to hospitalization, anesthesia, surgery, or injections. I agree that I will be solely responsible for the payment of any and all medical services rendered to me pursuant to this Paragraph 6. KATICA, LLC and Dana Saylor will also make reasonable efforts to contact the individual I provided as my emergency contact.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS, INCLUDING THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK. I HAVE SIGNED IT FREELY AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD INVALID, THE REMAINING TERMS SHALL CONTINUE IN FULL FORCE AND EFFECT.
If you have any questions about these Terms and Conditions, including the Assumption of Risk and Release of Liability Provisions, feel free to contact KATICA, LLC and Dana Saylor at:
Katherine G. Yannucci Dana Saylor
KATICA, LLC Dana Saylor
(407) 797 - 1132 (mobile) (315) 525 - 7474
KaticaWellness@gmail.com Dana@DanaSaylor.com
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