Yoga Retreat Booking Agreement with Iguana Lodge This booking agreement is between: El Marlin de Peninsula de Osa, SA, Cedula Juridica 3-101-141-757 (a Costa Rican company) Calle a Calle Playa Platanares, 5KM sur de aeropuerto Puerto Jimenez, Costa Rica 60702 Costa Rica +506 8848 0752 or US/CAN 800-259-9123 Email: info@iguanalodge.com known as and referred to in this agreement as Iguana Lodge AND Name Mailing Address City, State Zip Telephone Number Email: referred to in this agreement as the Yoga Group. Terms and Prices: This agreement between Iguana Lodge and the Yoga Group is for the booking of rooms, meals and the use of its facilities for a yoga retreat for its members as described below: ROOM DESCRIPTIONS AND RATES for # nights arriving DATE and leaving DATE. If the Yoga Group desires to book additional space, Iguana Lodge agrees to book those additional rooms, if available, at the same rates as above. If the Yoga Group desires to rent OTHER ROOM TYPES, if available, at the following rates: ROOM TYPE AND RATES All prices quoted are per person (pp) and include accommodations and three meals a day. The price does not include a mandatory 13% Costa Rican Sales tax that will assessed additionally. 1 of 5
Estimated minimum price based on single occupancy of all rooms is $XXXX.XX ($XXXX.XX hotel charges + $XXXX.XX Costa Rican sales tax). Price may increase based on increased room occupancy. This pricing includes free accommodation and three meals a day for # people (double occupancy Club Room) Unless the Yoga Group books all the rooms at Iguana Lodge, it will have the right to the exclusive use of the 2 yoga decks at reasonable times. This will be coordinated with Iguana Lodge staff so that other guest may be advised when they can or can not use the decks. The Yoga Group can charge and collect for yoga sessions provided to people not members of the Yoga Group at Iguana Lodge on a per session basis. In the case that these person(s) are not guest of Iguana Lodge, the Yoga Group must advise Iguana Lodge of those person(s) and those persons may be required to execute waivers of liability. Iguana Lodge has the right at any time to refuse any person permission to be on its property for any reason. If the Yoga Group has any other services it wishes to provide or have provided outside the services of Iguana Lodge, it must advise and seek permission from Iguana Lodge prior to such services. While Iguana Lodge will try to assist in any effort, it will be the sole determiner of what services can be provided at Iguana Lodge. Payment: All payments for this booking shall be made by the Yoga Group (not its members) directly to Iguana Lodge. Additional expense incurred at Iguana Lodge and not part of this agreement will be charged to the individual members of the group and paid accordingly. All payments contemplated in this agreement will be made by either credit card or bank transfer to Iguana Lodge in Costa Rica. Upon executing this agreement the Yoga Group shall pay to Iguana Lodge a deposit of $XXXX.XX. A second payment of $XXXX.XX will be made no later than 60 days prior to arrival. A third payment of $XXXX.XX will be made no later than 45 days prior to arrival. A final payment for the remaining balance shall be made no later than 30 days prior to arrival. If the Yoga Group fails to pay pursuant to the payment schedule, the booking pursuant to this agreement is canceled and all payments made are forfeited. Booking Changes and Cancellations. Iguana Lodge is a small hotel and often books up months in advance. Iguana Lodge depends upon these early bookings to sustain itself. For a variety of reasons that include remoteness, airfare availability, how people plan their vacations and the fact Iguana Lodge may have 2 of 5
turned away viable alternatives, the Yoga Group by booking a substantial part of Iguana Lodge, acknowledges that Iguana Lodge would suffer serious hardship if it makes substantial changes or cancellations to its booking. Hence, Iguana Lodge and the Yoga Group agree to the following: If the Yoga Group books additional rooms, this payment schedule will be adjusted to reflect those additions. If the Yoga Group desires to change rooms it can do so freely up to 45 days prior to its arrival, depending on availability, without additional charge. If the Yoga Group desires to change rooms within 45 days of arrival it will be at the sole discretion of Iguana Lodge. If the Yoga Group desires to cancel up to # rooms it may do so up to 45 days prior to its arrival without penalty and any credit will be applied to final payment. If the Yoga Group cancels more than # rooms up to 45 days of its arrival it may be liable for those bookings without any credit or repayment based on the sole discretion of Iguana Lodge. If the Yoga Group cancels any rooms within 45 days of its arrival it may be liable for the booking in full based on the sole discretion of Iguana Lodge. There is no refund for unused services. For example if a group member leaves early or is unable to come for what ever reason Iguana Lodge will not make any refund. If the Yoga Group cancels its reservation, all payments are forfeited and will be construed as liquidated damages. The Yoga Group acknowledges that it and its members can purchase trip insurance to cover unforeseen events that could mitigate any losses it may incur by failure to perform under this agreement. Responsibility and Risk. The Yoga Group acknowledges that they are bringing a group to a third world country and that their first world expectations of how things work may or may not exist in Costa Rica. Additionally the customs of Costa Rica are substantially different than those in North America. The Yoga Group must appreciate that in developing countries services in all aspects of Costa Rican life including hotels, tours and restaurants cannot be expected to be of the same standard as those in the North American Countries. The term reasonable standard must be interpreted accordingly. Additionally given the remoteness of the location and Iguana Lodge s natural setting there may be minor adjustments to the day to day schedule of the group activities. The Yoga Group acknowledges that there are inherent risk in traveling to remote areas in third world countries and participating in a yoga retreat and its attendant activities. Furthermore many of the yoga retreat activities will be under the sole supervision and guidance of the Yoga Group. To the fullest extent of the law, the Yoga Group hereby releases and absolves Iguana Lodge, its agents, employees and invitees thereof from any and all damages resulting from death or personal injuries, including loss of services, which it or its group members may sustain on account of, arising from, or in connection with the yoga retreat or its stay at Iguana Lodge. 3 of 5
All activities at Iguana Lodge carry inherent risks. The nature of a yoga retreat is adventurous and participation involves a degree of personal risk. Everyone will be visiting places where the geographical attributes present dangers and physical challenges greater than those present in their daily lives, and they will be participating in yoga activities that may challenge the body physically and mentally. It is the Yoga Group and its members responsibility to acquaint themselves with all possible relevant travel information and the nature of their itinerary; and to take responsibility for any injuries they may incur through the practice of yoga while on the yoga retreat. Each group member may be asked by the Iguana Lodge to sign liability releases. It is the Yoga Group s responsibility to ensure that it and its members have adequate insurance cover. It is requirement of this booking that the Yoga Group and it members have taken out adequate insurance against such risks as medical costs, personal accident risks, personal liability and legal expenses. It is especially advised to insure against cancellation and loss of deposit. Iguana Lodge will use every reasonable effort to make the yoga retreat safe and successful for the Yoga Group and its members. If the Yoga Group or its member have cause for complaint while at Iguana Lodge, the Yoga Group must bring it to the attention of Iguana Lodge who will then do their best to rectify the situation. Iguana Lodge reserves the right to require the withdrawal of any group member whose actions or conduct is considered by Iguana Lodge in it sole discretion to be at conflict with the safety, wellbeing and comfort of its guests, acts inappropriately with its guests, employees or visitors, or destroys or intentionally damages Iguana Lodge property. In any case Iguana Lodge will not refund any monies. Photos and marketing. Any use of images of the Yoga Group, its members or employees by Iguana Lodge for advertising, marketing and promotional purpose will only be done with prior written consent of the Yoga Group. Privacy Policy. Any personal information that Iguana Lodge collects about the Yoga Group or its group members may be used for any purpose associated with the Iguana Lodge in terms of sending marketing material in relation to its events and special offers. This can be individually revoked at any time with written notice to Iguana Lodge. Iguana Lodge does not sell or give personal information on any guest unless required by law. Severability. In the event that any term or condition contained in this booking agreement is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding. Changes to Agreement and Notice: This agreement represents the entire agreement and there are no other agreements outside of this agreement. Any changes to this agreement shall be done in writing, signed and dated by both parties. Any notice required under this agreement shall be done in writing and shall be sent by email at the email addresses indicated above. For the purposes of timing an email is not considered received except on normal business days between 8AM to 4PM local time of the recipient. 4 of 5
Costa Rican Law. Costa Rica law is the controlling law of this agreement. Any dispute or issue regarding interpretation of this agreement will be subject to the laws of Costa Rica and submitted to the legal system within Costa Rica. Agreed to and executed this day of, 2012 For Iguana Lodge Toby Cleaver, legal representative El Marlin de la Peninsula de Osa, SA For the Yoga Group 5 of 5