Terms and Conditions

TERMS OF SERVICE

This page is designed to give you as much information as possible about or terms of service. It is our mission for our participants to know exactly what to expect from each or our retreats.

Shiva Shakti, Inc Terms and Conditions below:

By booking or participating in a tour or any other services (a “Tour”) with Shiva Shakti Inc, 17 Strong Ave, Northampton, MA, 01060 (“Shiva Shakti”), you (“you”) agree to these Terms & Conditions (the “Terms”).

By booking a Tour you acknowledge that you have read, understand and agree to be bound by these Terms.

1. BOOKING

After receipt of the applicable deposit amount, Shiva Shakti will issue a written confirmation of your booking. Please check your confirmation carefully and report any incorrect or incomplete information to Shiva Shakti immediately. Please ensure that names are exactly as stated in the relevant passport. You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to Shiva Shakti.

2. BOOKING ON BEHALF OF OTHERS

By booking on behalf of another person or persons, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying Shiva Shakti if any changes or cancellations are required, and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that all information provided on behalf of another participant is complete and accurate. Shiva Shakti will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

3. REQUIRED MEDICAL INFORMATION

You must provide any medical information reasonably requested by Shiva Shakti and you may be required to complete Shiva Shakti’ medical information form (the “Medical Form”). You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully.

Medical Forms are mandatory for certain Tours. In the event that you do not complete the required Medical Form or provide medical information reasonably required by Shiva Shakti for any reason, Shiva Shakti reserves the right to cancel your booking and all applicable cancellation fees will apply.

Additionally, if you have any pre-existing medical conditions which may impact your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, you must return a Medical Form, signed by a licensed and practicing physician to Shiva Shakti prior to or at the time of final payment for the applicable booking. Shiva Shakti reserves the right to request further information or professional medical opinions, as determined in its discretion, for your safety or the safe operation of a Tour. Shiva Shakti reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time where Shiva Shakti determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to Shiva Shakti at the time of booking. Shiva Shakti may refuse to allow participation by women who are over 24 weeks pregnant. Shiva Shakti may refuse to allow participation by anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. Shiva Shakti does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.

Travel with Shiva Shakti may involve visiting remote regions where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and Shiva Shakti makes no representations or warranties in relation to the availability or standard of medical facilities in those regions.

In the event you become sufficiently incapacitated as to be unable to direct your own care, and there is no one on the Tour who can direct your care, and Shiva Shakti is unable or does not have time to contact your emergency contact, you, by booking a Tour, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the Tour including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed physician deemed competent to render the necessary care.

4. DISCLOSURE OF SPECIAL REQUIREMENTS

Any special requirements of a participant must be disclosed to Shiva Shakti at the time of booking. Shiva Shakti will use reasonable efforts to accommodate special requirements or requests, but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to Shiva Shakti at the time of booking, but Shiva Shakti cannot guarantee that dietary needs or restrictions can be accommodated. Shiva Shakti shall not be liable for any failure to accommodate or fulfill any special requirements.

5. AGE REQUIREMENTS

Anyone under the age of eighteen (18) on the first day of travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the Tour description or by Shiva Shakti, the minimum age for minors traveling on any Tour is 16 years old.

All bookings with a minor are subject to review and approval by Shiva Shakti. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. Shiva Shakti will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Shiva Shakti does not provide care services for minors and expressly disclaims any responsibility for chaperoning or supervising any minor(s).

6. MANDATORY INSURANCE REQUIREMENTS

YOU MUST HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US$200,000.00 covering all applicable dates of travel with Shiva Shakti. This insurance must provide coverage for personal injury and emergency medical expenses. Shiva Shakti will verify that you have the required insurance coverage in place. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage. You acknowledge that insurance coverage is not included in the cost of any Tour offered by Shiva Shakti and you are required to obtain separate coverage at an additional cost.

7. PRICES, SURCHARGES AND TAXES

Tours are priced and advertised inclusive of applicable taxes. Shiva Shakti may, from time to time, offer reduced pricing on certain Tours, with such reduced pricing applying only to new bookings. Any bookings in which payment of at least a deposit has been received by Shiva Shakti are not entitled to reduced pricing.

8. VALIDITY

All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these Terms.

You acknowledge that you are responsible for keeping up to date on the specific details of your Tour, including, but not limited to checking Shiva Shakti’s website at least seventy-two (72) hours prior to departure, as minor changes may have been made after the time of booking.

9. PAYMENT

Full payment is due at the time of booking.

10. INFORMATION REQUIRED FOR BOOKING

As a condition of booking, you must provide the information requested by Shiva Shakti. In the event that you fail to supply information required by Shiva Shakti, Shiva Shakti also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by Shiva Shakti, in its sole discretion. The information required by Shiva Shakti will vary by Tour and will be communicated to you or to LIVE ALIVE during the booking process. Shiva Shakti will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

11. AIRFARE

Tour prices do not include international or other airfare unless expressly mentioned in the Tour’s descriptions. In the event that a Tour includes airfare, and you choose to take a different flight than the flight included in the Tour, Shiva Shakti shall not be responsible for any additional transportation needed.

Please consult the air carrier’s applicable terms and conditions for complete information including applicable cancellation terms. Shiva Shakti is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.

12. CANCELLATION BY THE PARTICIPANT

You may cancel your booking by notifying Shiva Shakti in writing to info@northamptonyoga.net. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by Shiva Shakti as follows (excluding any insurance products):

If Cancellation is received 90 or more days before departure of a Tour you will receive a refund of any payments made minus a $500 Deposit. The remaining balance after the Deposit may be transferred for use on another Tour. If the remaining balance of the payment minus the Deposit is not used within two (2) years, it will expire.

If Cancellation is received 60-89 days before departure of a Tour you will receive the ability to transfer fifty percent (50%) of the total Tour price.

If Cancellation is received less than 60 days before departure of a Tour one hundred percent (100%) of the total Tour price will be forfeited.

13. CANCELLATION OF A TOUR BY SHIVA SHAKTI

Shiva Shakti guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns.

In the case of Force Majeure, this guarantee is not applicable and no refunds will be provided. Shiva Shakti, in it’s sole discretion, may allow payments to be transferred to another adventure or held as a lifetime Shiva Shakti credit.

Up to date Tour and itinerary information is available on Shiva Shakti’s website or by contacting Shiva Shakti. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.

If a Tour is cancelled by Shiva Shakti before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from Shiva Shakti:

(a) a substitute Tour of equivalent or superior value; or

(b) a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available, and to recover from Shiva Shakti the difference in price between the price of the Tour originally purchased and the substitute Tour; or

Shiva Shakti reserves the right to issue a full refund in lieu of the choices above, in its sole discretion.

Shiva Shakti is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment. In the event a significant element of a Tour cannot be provided after departure, Shiva Shakti will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, Shiva Shakti may provide you with a refund as determined in its sole discretion.

14. TRAVEL DOCUMENTS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with Shiva Shakti as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by Shiva Shakti that is a direct result of your failure to secure or be in possession of proper travel documentation. Shiva Shakti does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that Shiva Shakti is not responsible for any errors or omissions in this information.

15. CHANGES

Before a Tour has departed and once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to Tours by Shiva Shakti. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Shiva Shakti (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties), and no reimbursements, discounts or refunds will be issued. Any changes are at the discretion of Shiva Shakti. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with Shiva Shakti, whether or not such expenses arise from a change of itinerary, and Shiva Shakti is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. Shiva Shakti will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Changes made by you: You are responsible for ensuring that information provided to Shiva Shakti is accurate and up to date. Any changes to your name on any booking are subject to Shiva Shakti’ approval. Any changes to a booking depend on availability and are subject to Shiva Shakti’ approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the Tour.

16. ACCEPTANCE OF RISK

You acknowledge that participating in a Tour offered by Shiva Shakti may involve a significant amount of risk to your health and safety. By traveling with Shiva Shakti you acknowledge that you have considered all potential risks to health and safety. You hereby assume responsibility for all such risks and release Shiva Shakti from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by Shiva Shakti. Shiva Shakti requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) prior to departing on your tour. The Waiver is available at www.northamptonyoga.net.

You acknowledge that the degree and nature of personal risk involved depends on the Tour booked and the location(s) in which a Tour operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours may take place are often lower than the standards you may reasonably expect in your home country or region. You agree that Shiva Shakti is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of Shiva Shakti, your behavior is causing or is likely to cause danger, distress or material annoyance to others, Shiva Shakti may terminate your travel arrangements on a Tour immediately at your expense and without any liability on Shiva Shakti’ part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by Shiva Shakti or Shiva Shakti’ suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of Shiva Shakti and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither Shiva Shakti nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to Shiva Shakti as soon as possible in order to provide Shiva Shakti with the opportunity to properly address such complaint. Shiva Shakti assumes no liability for complaints that are not properly brought to the attention of Shiva Shakti and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by Shiva Shakti within 30 days of the last day of travel of the booking in question.

17. NOT LIABLE FOR THIRD PARTY SUPPLIERS

Shiva Shakti makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your Tour. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although Shiva Shakti takes all reasonable care in selecting Third Party Suppliers, Shiva Shakti is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Shiva Shakti does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

Shiva Shakti is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Shiva Shakti and its employees.

Shiva Shakti is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

18. OPTIONAL ACTIVITIES

“Optional Activities” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any assistance given by Shiva Shakti representative(s) in arranging, selecting, or booking, any Optional Activities is purely at your request and Shiva Shakti makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Activities or any information provided by any representative of Shiva Shakti regarding any Optional Activities. You release Shiva Shakti from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Activities.

You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Activities is the sole responsibility of the third party providing that service or activity.

19. LIABILITY

Shiva Shakti and its parent, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Shiva Shakti for any such loss, damage, injury, or death.

Notwithstanding anything to the contrary elsewhere in these Terms, Shiva Shakti will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.

For claims not involving personal injury, death or illness any liability Shiva Shakti may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable Tour, not including insurance premiums and administration charges. Where this relates to loss or damage to luggage and other personal possessions then Shiva Shakti liability will not exceed $1,000 USD. Shiva Shakti will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against Shiva Shakti and its suppliers, contractors or other third parties.

20. FORCE MAJEURE

Shiva Shakti will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Shiva Shakti failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by acts of God, fire, flood, natural disaster, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, lockout, pandemics, epidemics, quarantines, governmental regulation or advisory, recognized health threats as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies (including but not limited to the health threats of COVID-19, H1N1, or similar infectious diseases), or other similar occurrence beyond the control of Shiva Shakti, where any of those factors, circumstances, situations, or conditions or similar ones prevent, dissuade, or unreasonably prevent, or where it may make it illegal, impossible, inadvisable, or commercially impracticable to participate in the Tour, any and all of which, individually and collectively, constitute “Force Majeure”.

21. CODE OF CONDUCT

You agree to behave responsibly during the tour, to respect the other participants, and to obey the local laws and regulations of the tour destination. Shiva Shakti reserves the right to determine whether or not a participant is following the code of conduct. If you are found to be in violation of the code of conduct (including but not limited to: excessive inebriation, behaving in a way that endangers themselves or others, disrespecting tour leaders or employees, failing to follow required safety precautions), they may be asked to leave the tour and/or activity and may not be permitted to make future bookings with Shiva Shakti.

22. IMAGES AND MARKETING

You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, Shiva Shakti or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Shiva Shakti, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

23. SEVERABILITY

If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

24. CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

25. APPLICABLE LAW

The Contract and these Terms are subject to the laws of the State of Massachusetts and you submit to the exclusive jurisdiction of the courts located in Hampshire County, Massachusetts for the resolution of any dispute under these Terms or concerning any Tour.

26. AMENDMENTS

Shiva Shakti reserves the right to update or alter these Terms at any time, and will post the amended Terms on Shiva Shakti’ website at www.northamptonyoga.net. Any amendment will take effect 10 days after being posted to Shiva Shakti website. A current copy of these Terms, as amended, may be accessed at any time on Shiva Shakti website. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on Shiva Shakti website. Shiva Shakti recommends that you refer to the Terms prior to travel to familiarize themselves with the most current version available.

WAIVER

Shiva Shakti Waiver

Please read the participant waiver below in detail and confirm you have read, understand, and agree to all conditions and statements set forth in the waiver by typing your initials at the bottom of each sub-paragraph in the participant form. Please type/sign your name at the bottom.

Participant Waiver:

This Participant Waiver (“Waiver”) encompasses my relationship with Shiva Shakti, and its subsidiaries and affiliates (individually and collectively, the “Shiva Shakti”), and their respective directors, officers, employees, agents, guides, volunteers, independent contractors, representatives, owners, insurers, successors and assigns (together with the Shiva Shakti hereinafter referred to as the "RELEASEES"). For purposes of this Waiver the term “Adventure Activities" shall include all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by the Shiva Shakti, including but not limited to participation in an adventure travel tour, travel to remote areas without access to medical facilities or treatment, animal encounters, canyoneering, caving, city tours, cycling, hang-gliding, horse riding and other animal mounted activities (e.g., camel riding, elephant riding), hot air balloon rides, element exposed outdoor activities, mountain biking, parasailing, rock/rope climbing, rappelling, zip lining, scuba diving, helicopter activities, white water rafting, travel in jet boats/speed boats, sailing, trekking, mountaineering, surfing, paragliding, travel to and from the tour areas, travel while at the tour area, orientation and instructional courses, seminars and sessions; and other such activities, events and services in any way connected with or related to these activities.

Acknowledgment:

I acknowledge that I may be required to wear approved safety equipment while participating in certain Adventure Activities. I am aware that I may consult guides and/or instructors to answer any questions I may have as to the proper use of such equipment. I am aware of the physical exertion required to participate in the Adventure Activities and that this can activate or aggravate pre-existing injuries, conditions, or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with Adventure Activities. I acknowledge that if I have health insurance, it is my responsibility to check whether such insurance will cover trips such as the ones with the Releasees. I understand that Releasees do not provide any type of insurance whatsoever and that I have been advised to obtain suitable travel insurance on my own.

Assumption of Risks:

I am aware that Adventure Activities involve many inherent risks, dangers and hazards including but not limited to; changing weather conditions; falling trees, limbs and ice; falling from platforms, cables and bridges; shock, stress, or other injury to the body; encounters with wildlife; equipment malfunctions; collisions with trees, vans and other vehicles, equipment or structures; bodily harm arising from conflict groups or zones; collision with other participants or guides; the failure to remain within designated areas; becoming lost or separated from guides or other participants; illness from the consumption of bad food; allergic reactions caused by the consumption or encounter with food; negligence of other participants or guides; consumption of alcohol; delayed connections or flights; and travel crisis. I am also aware that these dangers, risks, and hazards exist on terrain that may be uncontrolled, unmarked, and uninspected.

Alcohol And Illegal Substances:

If I use, consume or am under the influence of alcohol or illegal drugs prior to or while engaging in the Adventure Activities, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY THE RELEASEES OR OTHER THIRD PERSONS AND/OR THIRD PARTIES, I ASSUME AND ACCEPT ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM AND WILL INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY DAMAGE TO PROPERTY OR PERSONAL INJURY TO ANY THIRD PARTY, RESULTING FROM MY ENGAGEMENT IN THE ADVENTURE ACTIVITIES, WHILE, DURING OR AFTER CONSUMPTION OF ILLEGAL DRUGS OR ALCOHOL. I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH ADVENTURE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM.

Release Of Liability, Waiver of Claims, and Indemnity Agreement:

In consideration of the Shiva Shakti AND RELEASEES allowing me to participate in Adventure Activities and permitting me the use of their property and equipment, where applicable, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I now have or that may arise in the future against SHIVA SHAKTI AND RELEASEES and to RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or my next of kin may suffer, resulting from my participation in Adventure Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE ON THE PART OF THE Shiva Shakti OR RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE Shiva Shakti OR RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES (except gross negligence or reckless misconduct), BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF ADVENTURE ACTIVITIES REFERRED TO ABOVE; 2. TO HOLD HARMLESS AND INDEMNIFY SHIVA SHAKTI AND RELEASEES from any and all liability for damage to real or personal property or personal injury to any third party resulting from my participation in the Adventure Activities; 3. That this Waiver shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, including in the event of my death or incapacity. 4. That this Waiver and any rights, duties, and obligations as between the parties to this Waiver shall be governed by and interpreted solely in accordance with the laws of the State of Massachusetts and no other jurisdiction and; 5. Any litigation involving the parties to this Waiver shall be brought solely within the State of Massachusetts and shall be within the exclusive jurisdiction of the Courts of the State of Massachusetts. I AM OF SOUND MENTAL CAPACITY TO EXECUTIVE THIS WAIVER AND I AM NOT RELYING UPON ANY ORAL,WRITTEN, PICTORIAL OR VIDEO REPRESENTATIONS OR STATEMENTS MADE BY THE Shiva Shakti OR RELEASEES WITH RESPECT TO THE SAFETY OF ADVENTURE ACTIVITIES OTHER THAN WHAT IS SET FORTH IN THIS WAIVER. I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS WAIVER PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS WAIVER I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. FOR PARTICIPANTS OF MINORITY AGE, I HEREBY CERTIFY THAT I, PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT OF MINORITY AGE, HAVE THE CAPACITY TO AND DO CONSENT AND AGREE TO HIS/HER RELEASE OF ALL THE RELEASEES, AND FOR MYSELF, MY HEIRS, ASSIGNS, AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE RELEASEES FOR ANY AND ALL LIABILITIES INCIDENT TO THE UNDERSIGNED PARTICIPANT OF MINORITY AGE’S PARTICIPATION IN THESE ADVENTURE ACTIVITIES.