Terms and Conditons
Updated September 5th, 2024
PAYMENTS: The Program Fee is due in full upon booking the event. If any payment we attempt to collect is declined for any reason, we may at our discretion cancel or delay the Program and terminate this Agreement.
GROUP/ INDIVIDUAL RESPONSIBILITIES: As the party booking the Program, you are responsible for getting your group together. All individuals or group members will be required to sign our release, waiver and photo release (the “Waiver”) prior to participating in the Program. A copy of the Waiver is attached to this agreement as Attachment A, or linked to the sign up page and linked to the confirmation and is made a part of this Agreement.
CANCELLATION AND REFUND POLICY: For PUBLIC YOGA EXPERIENCES AND HIKES: If you cancel 0 to 72 hours before the session or first session of your Program NO REFUNDS WILL BE GIVEN. If you notify us 73 hours before the session, we will give you a full refund minus the credit card administrative fee.
For PRIVATE GROUP YOGA EXPERIENCES AND HIKES: To receive a full refund, you must notify us at least 8 days before the first (or only) session of the Program. If you notify us 8 or more days in advance, we will give you a full refund minus the credit card administrative fee.
If you cancel between 4 and 7 Days before the first (or only) session of the Program, we deduct $10 per person from the total Program Fee as an administrative fee, and then will refund 50% of the remaining balance, after the per person fee is deducted.
If you cancel 0 to 72 hours before the first (or only) session of your Program NO REFUNDS WILL BE GIVEN.
If Roam and Om has to cancel for weather or for unforeseen circumstances (for example, see our Weather Policy below), we will either reschedule your Program or refund the Program Fee.
If you wish to cancel, you must email Roam and Om at info@roamandom.com.
Roam and Om will make a final weather call between 2 and 24 hours prior to your event. For Private bookings, guests may reschedule at no additional cost or receive a 100% refund if Roam and Om cancels due to weather or unforeseen circumstances.
WEATHER POLICY:
Weather Policy is for outdoor events only.
Nature can be unpredictable and sometimes fierce. Our events take place “sprinkle or shine,” meaning that a little light rain won’t stop us from enjoying the outdoors. Likewise, especially cold or hot temperatures are part of the experience, and will not be a reason for cancellation. It will be up to you to monitor the weather and we recommend that you cancel the Program if you are uncomfortable with your own assessment of the weather. If in our discretion we have concerns about the safety of the group because of incoming weather (recognizing that we are not meteorologists), we may cancel the Program. Typically our decision to cancel will be made in the 24 hours’ before the start of the Program. Always check the weather before your hike and dress properly with layers and appropriate footwear. You will receive an email at the address you used for your reservation if the hike is canceled by Roam and Om.
One thing to remember is this: weather is unpredictable and a good attitude is crucial. Don’t be disappointed if it looks like gray skies or rain on the day of your event – sometimes, these can be the most magical and exciting outdoor experiences. Embrace nature in all its forms!
ADDITIONAL FEE for Yoga Hikes:
Because Mt Philo and Niquette Bay are State Parks, there is a $5 per person admission fee. You will pay this when you drive through the gate. This fee is not part of your Yoga Hike cost.
ARRIVAL for Yoga Hikes:
We recommend arriving at the trailhead 10 minutes prior to the scheduled hike. Please plan on carpooling if possible. Trailhead parking lots tend to fill up. Give yourself plenty of time to drive to the trailhead, secure parking and check in with your guide. Our hike will leave on schedule. If you have not checked in 5 minutes past the scheduled hike time, the hike will leave without you and a refund will not be given.
PAWLICY for Yoga Hikes:
As much as we love animals, we can't allow them to accompany you during our public group yoga hikes or events. Contact us about bringing a dog on a private yoga hike.
GROUP RULES: We value inclusivity. In order to have a successful group experience, the following actions are prohibited. If, in our discretion, you or, if a private group - any of your group members take any of the actions described below, you and any group member may be immediately removed from the Program. NO REFUNDS WILL BE GIVEN. Make any statement or share any content that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, makes another group member feel unsafe, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading, infringes the intellectual or other proprietary interests of third parties; contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Program or otherwise breaches or encourages other users to breach this Agreement.
DISCLAIMERS: Personal Responsibility: You understand that you and if a private group - your group members, are 100% responsible for your own progress and results. We cannot make any guarantees as to the results of the Program. You agree to take responsibility for your own results, and you understand that dissatisfaction with our independent judgment or individual management and or teaching style are not valid reasons for termination of this Agreement or request of any monies returned. You understand that we are not not qualified to evaluate any participant’s fitness for involvement in the Program, nor are we going to be able to create a risk-free environment. We are not in control of the terrain we will be bringing your group on and it will be up to you and your group members to be responsible for your own health, safety and wellbeing while participating in the Program.
This Program Is Not Therapy. You understand that the Program does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that this Program is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment or other professional advice, and it is your exclusive responsibility to seek such independent professional guidance as needed. You understand that we are not acting as a psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), or a physician, physician’s assistant, advanced practice nurse, or a registered dietician or licensed nutritionist, or member of the clergy. We are not attempting to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Any advice given by us is not meant to take the place of advice by a licensed healthcare professional. If you feel unwell, or otherwise in need of professional counseling or therapy, it is your responsibility to seek licensed professional help. If we reasonably believe that your needs are for licensed professional help and/or medical treatment, we reserve the right to cancel or postpone the Program until you receive or appropriate medical treatment.
Other Disclaimers: We give no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaim all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability.
LIMITATION OF LIABILITY: IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OF THE PROGRAM FEE.
DISPUTE RESOLUTION: The Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through email, telephone or video communications (“Electronic Communications”). The Parties further agree that their respective good faith participation in any Electronic Communications in an attempt to resolve the dispute is a condition precedent to pursuing any other available legal or equitable remedy, with the exception of our right to enforce your payment obligations as set forth in this Agreement. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
MISCELLANEOUS: This Agreement will not be construed to create any association, partnership, joint venture, employee or agency relationship between you and us for any purpose. This Agreement shall be construed according to the laws of the State of Vermont, and disputes arising from it will be handled exclusively in Chittenden County. In the event that any provision of this Agreement is deemed illegal or unenforceable, the remaining portions of the Agreement shall remain in full force. No waiver or forbearance by either Party of any rights under this Agreement precludes such party from exercising those rights in any other instance. The paragraphs titled Payment, Intellectual Property, Limitation of Liability, Disclaimers, Personal Responsibility and Dispute Resolution, and any right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement. Neither party may assign this Agreement to any other party. Any notifications may be sent to the us via email at info@roamandom.com with notice due upon receipt, notice may be sent to you at the billing address you provided when you paid for the Program, or alternatively at the email address you used to do the same. No invalidity, illegality or unenforceability of any provision herein shall affect any other term or provision of this Agreement. This agreement constitutes the entire understanding between the parties as to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties. For questions about the Program or Terms and Conditions, please call or email at info@roamandom.com or 508.740.2744 before checking out.
By checking the box below you acknowledging that you understand and have read these terms, and alternatively by your participation in the Program, you acknowledge that: (1) you have received a copy of this Agreement; (2) you have had an opportunity to discuss the contents with us and, if desired, to have it reviewed by an attorney; and (3) you understand, accept and agree to abide by the terms hereof.
Attachment A
WAIVER OF LIABILITY, RELEASE, AND INDEMNITY AGREEMENT
As the participant, and in consideration for my participation in one or more sessions (the “Program”) with Roam and Om, LLC, and Brielle Cataldo (each and together, the “Facilitator”), I agree to the following:
Assumption of Risk
I understand and am aware that practicing yoga and walking and or hiking outdoors is risky and may require emotional, physical, and mental effort and exertion, which may cause physical, mental, or emotional injury. Potential risks and injuries from my participation in the Program could include but are not limited to emotional distress, tripping, falling, over-exertion, psychological distress and disorientation, hyperventilation, respiratory alkalosis, muscle spasms, chest pain and numbness, muscle soreness, bruises, strains, sprains, broken bones, torn ligaments, dislocated joints, or concussions, the occurrence of known and unknown health conditions, and inaccessibility to immediate medical attention- if we are hiking and you are injured it could take a long time for emergency medical assistance to arrive. In very rare cases, catastrophic injuries such as stroke, heart attack, serious internal or head injuries or death could result. I fully acknowledge and take full responsibility for and assume all the risks involved in my participation in the Program.
I understand that if I participate in an outdoor program, I will be outside and it is my responsibility to accurately assess my own physical fitness, to check the weather, dress appropriately and to bring personal items (water, flashlight, extra layers of clothing, for example).
If I am aware I am pregnant, I certify that I have spoken to my licensed medical professional about participation in the Program and they have advised me that it is safe to participate. I understand that the Facilitator is not qualified to evaluate my fitness for involvement in the Program, and that I am fully responsible for seeking medical help to treat all symptoms that are present before and after the Program. I hereby state that I am physically and mentally fit to participate in the Program and understand that it is solely my responsibility to seek professional support after the Program if I feel unstable mentally or emotionally. I knowingly waive any claim I may have against the Facilitator for injury or damages that I may sustain as a result of participating in the Program.
I understand and acknowledge that my participation in the Program is entirely voluntary and that any action or lack of action, on my part is done so solely by my own choice. I acknowledge that any harm, injury, or loss that may occur to me or my property as a result of my participation in the Program, is neither the responsibility nor liability of the Facilitator.
I understand that the Facilitator is not acting as a mental health practitioner, registered dietician or as a licensed medical provider of any kind, that the Program is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment or other professional advice, and that the Program does not involve the diagnosis or treatment of physical or mental disorders. I will not use the Program in place of any form of treatment. I understand that advice given by the Facilitator is not meant to take the place of advice by a licensed healthcare professional, diagnosis or treatment provided by a licensed provider, and that if I feel unwell, or otherwise in need of professional counseling or therapy or medical treatment, it is my responsibility to seek licensed professional help. I understand that it is my responsibility to consult with my health care provider prior to participating in the Program. I understand and acknowledge that the information contained in the Program has not been evaluated by the Food and Drug Administration.
In the event that I am injured, I hereby authorize the Facilitator to obtain on my behalf first aid or emergency medical care when such care is necessary, and I agree to assume any financial obligation, either through my personal health insurance, or through some other means, for any medical costs I incur. I understand and acknowledge that Facilitator assumes no responsibility for any medical expenses, injury, or damage suffered by me in connection with the use of any facilities or services in connection with the Program.
I acknowledge that the inherent risks of the participating in the Program are serious, and that injury could result, that participation is voluntary and that I knowingly and willingly assume the inherent risks of the Program.
I acknowledge that dogs are not allowed on the hike or experience unless permission is given by the facilitator. If a dog is allowed it is solely the dog owner's responsibility to follow all park/hike leash laws. I understand and acknowledge that Facilitator assumes no responsibility for any dog related activities, medical expenses, injury, or damage suffered by me, my dog, another person, another dog because of me, my dog or another person's dog in connection with the use of any facilities or services in connection with the Program.
I acknowledge that swimming, standing, playing or entering water in any capacity is not part of this program. I understand and acknowledge that Facilitator assumes no responsibility for any water related activities, medical expenses, injury, or damage suffered by me if water is entered at own risk.
Waiver
In consideration for my participation in the Program and all activities related to the Program I, on behalf of myself, my heirs, successors, and assigns, hereby waive, release, discharge, and covenant not to sue Facilitator and Brielle Cataldo individually, including the members, employees, agents, and independent contractors of the foregoing (collectively “Released Parties”) from any and all claims for the ordinary negligence, carelessness, action or inaction of the aforementioned persons or parties to the greatest extent permitted by the State of Vermont. I will not hold Released Parties liable in any way for any injury, death, or other damage resulting from my participation in the Program or arising out of the ordinary negligence of Released Parties in their delivery of or facilitation of or other connection to the Program. I relinquish any rights that my spouse, heirs, estate or assigns may have to recover damages from Releasees as a result of any injury, death or other damage resulting from my participation in the Program. I understand that this Agreement is in effect until I notify Facilitator or cancel my registration on Facilitator’s website, and that I can request to cancel my registration by contacting Facilitator at info@roamandom.com.
Indemnification and Hold Harmless
I, on behalf of myself, my heirs, successors, and assigns, also agree to HOLD HARMLESS AND INDEMNIFY Facilitator and any or all of the Released Parties from all claims against them resulting from my negligence, gross negligence or willful or reckless conduct in connection with my participation (or that of my minor participant) in this event. I further agree to pay Released Parties’ expenses, including attorneys’ fees, in the event that I, my spouse, children or anyone on my (or my children’s) behalf, asserts a claim or lawsuit against Released Parties for injuries or damages arising out of my participation (or that of my minor participant) in this event. I acknowledge this agreement to pay specifically includes claims or lawsuits brought by, or on behalf of, any minor participant identified below on this form, including claims brought once the minor reaches the age of majority.
I agree that the purpose of this agreement is that it shall be an enforceable WAIVER OF LIABILITY, RELEASE, AND INDEMNITY as broad and inclusive as is permitted by Vermont law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
Photo Release: I HEREBY GRANT PERMISSION FOR MY PICTURE AND/OR VIDEO TO BE USED BY FACILITATOR, its partners, and/or the media for uses included but not limited to programming, media, or promotional purposes. This is a complete release of all claims, whether legal or equitable, in connection with said photos and/ or videos.
Acknowledgment and Understanding
By signing this Agreement if in paper form, or clicking “Register,” “Purchase,” “Buy Now,” or any other phrase on the purchase button, entering my credit card information, or otherwise enrolling, electronically, verbally, or otherwise in the Program I, in my personal name and on behalf of my relatives, heirs, legal I knowingly and freely assume all risks, both known and unknown, even if arising from the negligence of the Released Parties or others and assume full responsibility for my participation in the Program. I certify that I have read this waiver of liability and indemnity agreement and acknowledge, represent & warrant that I understand I am giving up substantial legal rights, including my right to sue, and that (1) I am doing so voluntarily and (2) I am of 18 years or older and of sound mind, or if under 18, have discussed fully with my parent or guardian. I further agree and acknowledge that my signature below constitutes a complete assumption of the inherent risks of the Program and an agreement to indemnify and hold harmless the Released Parties.