PLEASE READ CAREFULLY: THIS IS A LEGALLY ENFORCEABLE WAIVER OF RIGHTS
Assumption of Risks
By checking the box below I acknowledge that I have voluntarily applied to participate on the trip designated on the accompanying Trip Application. I am voluntarily participating on the tour or expedition with knowledge that travel to foreign countries and/or the remote areas visited by this trip involves numerous risks and dangers including a risk of illness, injury or death, which may be caused by: forces of nature, civil unrest, terrorism, road conditions, injuries inflicted by animals, insects, reptiles or plants, trails, hotels, vehicles, boats or other means of conveyance which are not operated nor maintained to standards common in the United States; high altitude (on certain trips), accident, accident or illness without access to means of rapid evacuation or the availability of medical supplies; the lack of adequacy of medical attention once provided, and negligence on the part of PARAMASHIVA HEALING CENTER INC, its affiliated organizations and their employees, teachers, volunteers or other agencies. I acknowledge that the enjoyment and excitement of foreign travel/ adventure travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks and the corresponding enjoyment and excitement contribute to the reason for my voluntary participation on this trip.
AS LAWFUL CONSIDERATION for being permitted by PARAMASHIVA HEALING CENTER INC to participate on such trips and activities, I hereby agree that I, my heirs, legal representatives or any member of my family will not make a claim against or sue PARAMASHIVA HEALING CENTER INC or any of its affiliated agents, employees, teachers or volunteers, for bodily injury, death, emotional trauma or property damage resulting from my participation in the tour or expedition or specific events of the tour or expedition (e.g. temple excursions, walking adventures, swimming adventures).
If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. Under no circumstances shall PARAMASHIVA HEALING CENTER INC be liable to any tour participant for more than the land cost of the trip governed by this document. All applications are subject to acceptance by PARAMASHIVA HEALING CENTER INC. Upon acceptance of my application, this agreement shall be deemed to have been entered into and be performed at Austin, TX, and shall be construed according to the laws of the State of Texas. In the unlikely event a legal dispute should arise involving any subject matter whatsoever, I agree that the dispute shall be settled by binding arbitration through the American Arbitration Association at Austin, TX. Should this arbitration provision be held unenforceable, I agree that any legal action shall exclusively be brought before the appropriate State Court in Austin, TX or Federal Court in Austin, TX.
Knowing and Voluntary Execution
I have carefully read and fully understand the contents of this agreement as well as all the conditions as stated under the heading "Terms and Conditions" (see attached pages) including those conditions regarding responsibility borne by trip participants and conditions regarding cancellations and refunds. I am aware, that this is a release of liability and a legally binding and enforceable contract between myself and PARAMASHIVA HEALING CENTER INC and I agree to it of my own free will.
Included in the Journey
The total cost for the 11 day journey to India includes: 10 nights accommodations in India, all lectures and teachings from our Trip Guides and their designated assistants, breakfast, entrance fees to temples, all transfers and luggage handling, and ground and air transportation provided that you travel at the times noted in our Intro Letter
PARAMASHIVA HEALING CENTER INC reserves the right to raise the trip fee if there are exceptional cost increases beyond our control. Every effort is made to ensure that no cost increases occur. If a cost increase occurs and the necessary increase does not meet your satisfaction, you may cancel your reservation, at that time, for a full refund minus the non-refundable expenses. This statement is explained in detail in the CANCELLATIONS AND REFUNDS paragraph of this document.
Not Included in the Journey
We are not responsible for your round trip transportation from your home to India. Also not included are your meals except for breakfast, items of a personal nature such as laundry, gifts, shopping, beverages, toll calls, excess baggage, medical costs, and the costs of hospitalization and evacuation from remote areas, insurance and additional expenses arising from the delay or extension of a trip due to weather, political disputes, sickness, failure of transportation, or other causes beyond our reasonable control.
A $950.00 dollar deposit per person is required, which is non-refundable (unless we cancel the journey), and secures your place on the journey.
The total balance for the journey is due 4 weeks before the journey starts (for exact date see cover letter). All payments are by money order or cashier's check, made out to “PARAMASHIVA HEALING CENTER INC” or by Visa or MasterCard.
Trip Member Responsibility
Trip members have the responsibility to select a trip appropriate to their abilities and interests. Trip members are held responsible for being in sufficiently good health to undertake the trip. Trip members are responsible for preparing for this trip by studying the itinerary and pre-departure information sent by PARAMASHIVA HEALING CENTER INC, and for discussing this itinerary with their personal physician. Trip members are also responsible for bringing the appropriate clothing, medicines, supplies and equipment as advised in the pre-departure information. Trip members are participants in group travel and are expected to hold each other in compassionate regard, and to interact with each other with respect.
Cancellation and Refunds
If cancellation occurs 60 or more days before departure, there will be a loss of $950 dollars which is the total deposit amount. For cancellation 0-60 days prior to departure, no refund will be given - as is the case with a cancellation at the time of departure or after the trip departs. All cancellation notifications must be made to PARAMASHIVA HEALING CENTER INC in writing. Any refund requests must be made in writing to PARAMASHIVA HEALING CENTER INC within 30 days of the return date. We strongly recommend you purchase Travel Cancellation Insurance if there is a chance you may have to cancel for any reason.
PARAMASHIVA HEALING CENTER INC reserves the right to cancel any trip, prior to departure, for any reason whatsoever, including an insufficient number of participants or logistical problems (e.g. acts of God, war, strikes, etc.), which may impede trip operations. The refund of all payments as described in the paragraph below shall release PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff from any further liability. A trip cancellation due to an insufficient number of participants would normally occur at least a month prior to departure, unless acts of God, war, strikes or other events impede our departure causing large numbers of participants to cancel participation on the journey prior to departure.
PARAMASHIVA HEALING CENTER INC must make substantial payments to suppliers (including providers of land travel) far in advance of the scheduled date on which we embark. If a trip is cancelled due to forces beyond our control (acts of God, war, labor strikes, earthquake, flooding, etc.), PARAMASHIVA HEALING CENTER INC will promptly refund the portion of the trip cost not advanced to suppliers (including any moneys set aside for airfare). PARAMASHIVA HEALING CENTER INC will use our best efforts to recover advance payments as promptly as possible, and we will refund to you the amount recovered, if any. However, PARAMASHIVA HEALING CENTER INC does not guarantee recovery of any or all of the advance payments made, and our use of best efforts to recover these payments will not include the institution of any legal proceeding in foreign lands. This policy applies to a trip cancellation by client choice following any necessary increase in trip costs.
Responsibility/Limitation of Liability
PARAMASHIVA HEALING CENTER INC with a principal place of business in Blanco, TX, gives notice that services provided in connection with these itineraries are rendered by suppliers who are not agents or employees of PARAMASHIVA HEALING CENTER INC . All of the accommodations, meals, tours, transportation and/or related travel services have been made by Sixth Sun Foundation PARAMASHIVA HEALING CENTER INC only as an agent for the individual tour member.
While every effort is made to make travel arrangements with reputable suppliers, a tour member expressly agrees that PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the negligence, wrongful or intentional acts, or default of any company or individual engaged in providing these arranged services. Each passenger conveyance, tour company, hotel accommodation, restaurant, etc. is subject to the laws of the state or country where the service is provided. PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff shall not be liable, directly or indirectly, for bodily injury or property damage for any reason whatsoever, including, but not limited to the following causes: acts of God, detention, annoyance, weather, quarantines, strikes, civil disturbance, theft, negligence (including that of PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff ), default, changes in government regulations, terrorism, war or failure of conveyance to arrive or depart as scheduled. PARAMASHIVA HEALING CENTER INC reserves the right to substitute hotels and tour guides and to alter the itinerary when deemed necessary or advisable. The right is also reserved to cancel any trip prior to departure. PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff is released from any and all liability for cancellation of any trip, or portion thereof, except for payment of a land cost as set forth in the section on "Cancellation and Refunds".
PARAMASHIVA HEALING CENTER INC reserves the right to decline to accept or retain any person whose actions, physical health, mental condition or general deportment impede trip operation or rights, welfare or enjoyment of other trip members. A refund based on the cost of unused land services is the limit of PARAMASHIVA HEALING CENTER INC ’s responsibility. PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff is not responsible for any refunds should a presenter advertised as attending or leading a tour or conference cancel for any reason. PARAMASHIVA HEALING CENTER INC and any designated facilitators or associated staff is not responsible for any physical, mental, emotional, or any other reaction, trauma, or ailment during the trip or occurring afterwards, that participants may experience at the sites or from any leaders, workshops, or sessions of any kind, including private sessions with facilitators or presenters. Attendance on the trip indicates acceptance of this and all other provisions of this responsibility clause.
PARAMASHIVA HEALING CENTER INC recommends the purchase of appropriate travel accident insurance, baggage insurance, tour operation carrier default protection insurance, and trip cancellation insurance, and has made available explanatory information and policies, and the travel program member has the opportunity to purchase such insurance as protection against certain risks of travel to the planned destination. Travel program members are advised that travel insurance covers only what is included as stated in the travel insurance brochure.
The airlines or transportation companies concerned are not held responsible for any acts, omissions or events during the time passengers are not on board their planes or conveyances. The passenger contract in use by the carriers concerned, when issued, shall constitute the sole contract between the airlines or transportation companies and the purchase of this travel program and/or passengers.
Statement of Psychological and Health Condition
All information provided on this form is kept confidential.