TERMS AND CONDITIONS
1. Interpretation and Variation
1.1. In the Terms and Conditions the following definitions apply:
- "Company" means Modern Ancient Corp., a Company registered in the United States.
- "Student” means any person that has completed and submitted the a retreat booking online at www.modernancient.com and which booking has been accepted by the Company.
- "Center” means the Modern Ancient physical location at Carretera Iquitos Nauta, Km 17.3 Iquitos, Maynas, Loreto Peru.
- “Retreat” or “Retreat Program” means one or more of the following retreat programs which are offered by the Company at: www.modernancient.com/retreats.
- “Services” means all inclusions offered by the Center as specified in the particular Retreat Program.
- "Terms and Conditions" means these Retreat Program Terms and Conditions.
1. 2. References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.3.These Terms and Conditions are incorporated into the online retreat booking process for all retreat programs advertised on www.modernancient.com or elsewhere (e.g. social media).
1.4. The Company reserves the right to vary and revoke the Terms and Conditions from time to time as it may consider necessary or desirable for the regulation of the affairs of the Center and the conduct of Students. Any such changes will be notified to Students and, until revoked, are and will be binding on Students. Any updated version of these Terms and Conditions will be posted on the Company Website as part of the booking process. Your continued use of Center shall signify your acceptance of such changes to these Terms and Conditions.
1.5. The Terms and Conditions will be governed by and interpreted according to the laws of the United States of America and the laws of the State of California. All disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the United States of America and the laws of the State of California.
2. Student Registration
2.1. Subject to condition 2.2, when a Student has completed the online booking process s/he will be registered as a Student of the Center for the selected Retreat Program. A Student warrants that the personal information provided during the online booking process is accurate, up-to-date and/ or does not contain any misleading information.
2.2. Acceptance of a person as a Student is at the absolute discretion of the Company. If the Company and/ or the Center deem that any information contained in a Student’s submission during the online booking process, or any later assessment, is not accurate, up-to-date and/ or is misleading, such Student will be suspended until such time as they supply the Company with the correct information.
2.3. The Company reserves the right to expel from the Center or suspend for a specific period any Student whose conduct is or may, in the Company's reasonable opinion, be injurious to the character of the Center which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Students of the Center. Any Student so expelled will forthwith cease to be a Student of the Center and will not be entitled to any refund for any period during which his/ her retreat program is scheduled.
2.4. A Student booking is non-transferable.
3. Payment Terms
3.1. Details of Retreat prices are available either at www.modernancient.com or directly from the Center and will be such prices as determined by the Company from time to time.
3.2. A Student may not attend any Retreat at the Center without first booking and or paying for the relevant Retreat Program.
3.3. Payment is made online at www.modernancient.com following completion of the online booking process.
3.4. Payment is made in the following way: Full payment of the retreat price.
3.5. Where a 50% deposit option is available and is taken, Modern Ancient will automatically deduct the remainder of the balance due using the same card details within 30 days prior to the Retreat date
3.6. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.
4. Bookings, Cancellations & Refunds
4.1. A Student may only book a Retreat for themselves at www.modernancient.com following completion of the online booking process.
4.2. It is the Student’s responsibility to check the reservation and ensure that the particulars contained therein are correct.
4.3. Retreats are booked on a first-come first-served basis. A Student may use the Contact Form on this website to request a place on the waiting list in the event that a Retreat is fully booked. If a Student joins the waiting list for a Retreat and a place becomes available then the booking will be subject to these Terms and Conditions in the usual way.
4.4. Cancellations can be made for a Retreat Program at any time by the Student for any reason by sending an email to the Director of Operations, provided in your welcome email post payment, or by using the Contact Form on this website.
4.5. Depending on the timeframe in which a cancellation is made, a refund for the full amount (or deposit, where applicable) will be made or a transfer of credit only for the same individual for the amount paid can be applied to another Retreat Program.
4.6. Due to the level of preparation and personalization undertaken for each student, along with the small group retreat size, we operate the following conditions:
(i) A cancellation greater than 60 days prior to the first day of the Retreat Program will receive a refund of 100% of amounts (full price or deposit, where applicable) paid.
(ii) A cancellation between 59 and 31 days prior to the first day of the Retreat Program will receive a refund of 50% of the retreat program price (or deposit, where applicable) paid.
(iii) A cancellation made within 30 days or less before the first day of the Retreat Program will not receive a refund for the full amount paid (or deposit, where applicable).
4.7. If requested, a transfer of credit can be made for a future retreat program date within 12 months of the original booking date where there is availability. Requests must be made at the time of cancellation.
4.8. Refunds will be processed within 7 to 10 business days minus any associated fees e.g. card processing.
5. Fitness and Health
5.1. It is the Student's responsibility to ensure that s/he is capable of undergoing the routine of exercises or yoga postures provided by any Retreat Program which s/he follows or class which s/he attends. Students accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any Retreat. Students are advised not to undertake yoga or other activities offered at the Center without first seeking medical advice if they have concerns over their physical condition.
5.2. The Center reserves the right to refuse the Student access to any yoga class or workshop if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the performance of such activities.
5.3 .Students hereby agree that it is their responsibility to inform each teacher at the start of each and every class, whether yoga or workshop, of any medical and/ or health issues which may affect their participation in the class or activity.
5.4. Students are required to follow the instructions of the teachers and Center staff at all times.
6. LIMITATION OF LIABILITY
6.1. STUDENT ASSUMES ANY AND ALL OF THE RISKS OF PARTICIPATING IN THE RETREAT AND AGREES TO DISCHARGE COMPANY AND ITS AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL LIABILITIES OR CLAIMS AS A RESULT OF STUDENT’S PARTICIPATION IN THE RETREAT OR RELATING TO THE SERVICES WITH THE RETREAT PROGRAM. UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE FOR STUDENT INJURY OR ANY LOSS OR DAMAGE TO STUDENT’S PERSONAL BELONGINGS RESULTING FROM PARTICIPATION IN THE RETREAT PROGRAM OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL A PARTY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS IN THIS PARAGRAPH SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS WITHIN THESE TERMS AND CONDITIONS.
6.2. THE COMPANY RESERVES THE RIGHT TO MAKE ALTERATIONS TO THE ITINERARY/ RETREATS SCHEDULE, INSTRUCTORS, CLASS TIMETABLES, CLASS FORMAT AND DURATION, AS WELL AS TO THOSE ANCILLARY FACILITIES (E.G. LIBRARY AND DINING ROOM), PROVIDED TO STUDENTS, WITHOUT NOTICE AND IN ITS ABSOLUTE DISCRETION. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OCCASIONED BY SUCH ALTERATIONS EXCEPT INSOFAR AS SUCH LOSS IS BY LAW INCAPABLE OF EXCLUSION.
6.3. COMPANY DOES NOT GUARANTEE THAT ANY INSTRUCTOR AND/ OR ITEM OF EQUIPMENT WILL BE AVAILABLE.
6.4. MODULES IN THE PROGRAM HAVE BEEN CONFIRMED BY THE COURSE TEACHERS AND CENTER STAFF. IF FOR ANY REASON A TEACHER/ LEADER BECOMES UNAVAILABLE WE WILL DO OUR BEST IN CONJUNCTION WITH THE TEACHER TO FIND A REPLACEMENT TEACHER OF SIMILAR TRAINING AND QUALITY. WHEREVER POSSIBLE YOU WILL BE ADVISED IN ADVANCE OF ANY ALTERATIONS. AMENITIES OR COURSES MAY BE ALTERED OR AMENDED DUE TO MAINTENANCE WORK, MECHANICAL FAULTS, WEATHER CONDITIONS, SICKNESS OR OTHER SITUATIONS OUTSIDE OUR CONTROL AND FOR WHICH MODERN ANCIENT CANNOT BE HELD RESPONSIBLE.
7. Use of Facilities
7.1. A Student is entitled to use the Center's facilities provided always that the Center may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Center or the Company.
7.2. The Student shall not use the property except for permitted use and shall not use the property for any offensive, noisy, dangerous, illegal, entertainment, immoral or improper purposes. The Student shall not do anything which may be a nuisance or annoyance to the Company, its staff or owners and other Students.
7.3. The Student shall keep all Modern Ancient fixtures, fittings, furniture and effects in a clean and good condition and shall replace any articles which are destroyed or missing with articles of a similar kind and of equal value.
7.4. The Company reserves the right at its sole discretion to terminate use of the property or any of its facilities by the Student in the event of any breach of these Terms and Conditions. The Student will be required to vacate the property and the Company shall not refund payment or accept any consequential liability damages or loss.
7.5. The Company reserves the right to alter any facility or accommodation for any ceremony or activity including yoga classes.
7.6. Students should use a yoga mat provided by the Center or bring their own for the practice of yoga and meditation.The Company accepts no responsibility for the condition or the availability of the provided mats.
7.7. Children under the age of 18 may not attend a Retreat Program as a Student.
8. Personal Belongings
8.1 Personal belongings are brought onto the Center premises at the Student's own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
9.1 Students are requested to wear a form of dress appropriate to the practice of yoga, meditation and sacred medicine ceremonies.
9.2 Members should attend yoga classes, requested workshops and ceremonies barefoot. Footwear should be removed before entry to the yoga stage and the maloka. Verrucae or warts must be covered: socks and/ or bandages must be worn. Failing to do so, may result in removal from the activity.
10. Safety and Hygiene
10.1. The Student must comply fully with all and any health and safety regulations introduced by the Center and the Company. The Student must ensure that he is medically and physically fit and able to use the Center’s facilities and participate in activities. Students who have injuries or illnesses are advised to seek their doctor’s advice if practicing yoga. The Company is not liable for any injuries to the Student in his/ her use of the Center’s facilities or participation in activities. A Student must always stop and rest if s/he is feeling any pain or sickness and inform the teacher of any previous injuries.
10.2. In the interests of safety and hygiene, no crockery, glass or food are permitted in the Maloka or in the yoga space. Only water is permitted in the Maloka or food where provided post ceremony by the Center staff only. Other than with the exception of guide dogs, no pets of Students are permitted in the Center buildings or grounds.
10.3. Students must use the main entrance to the Center when entering or leaving the Center. Fire exits and extinguishers, which are clearly marked, are there in the interests of safety and Students must not interfere with these exits and extinguishers for any reason. In the event of a fire, Students are asked to make their way to the nearest available exit.
10.4. Non-disclosure of relevant health information, whether physical or psychiatric, can invalidate a Student’s travel insurance and cancel the Company’s contractual obligation to the Student. Students must inform us of any health issues during the online booking process and in any subsequent contact or information requested.
10.5. In order to avoid injury or negative experiences Students must follow all instructions given to them by the teacher/ instructor/ facilitator as to when, where and how to perform and not to perform all activities, it being understood that any deviation by the Student from such instructions shall be at the Student’s own risk. Students must listen to their own bodies and work within their own limitations. If any movements hurt or are uncomfortable, it is the Student's responsibility to not take part in any exercise which causes a level of discomfort or pain that they cannot tolerate.
10.6. The Company will not be held responsible for any injuries suffered, caused in whole or in part by failure to faithfully follow instructions and guidance of the Center staff.
11.1. Students are required to give notice to the Company of any change of home address or email address. Failing such notice, all communications will be assumed to have been received by the Students within five days of mailing to the last address (of either type) notified to the Company.
11.2. The Company may, if a Student so wishes, communicate with the Student by email. By providing an email address to the Company, the Student consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Student accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Student by email.
11.3. The Company reserves the right to refuse admission to the Center, in its sole discretion.
11.4. The Company may assign the benefit of this Agreement to a third party at any time without notice to the Student.
11.5. Students must at all times observe the Center guidelines and Code of Conduct which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Center may issue to ensure the smooth operation of the Center for the convenience of all Students.
11.6. All material and information provided by Company as part of the Retreat Program is proprietary and comprises Intellectual Property owned solely by, or licensed to, Company. Company maintains exclusive, worldwide right, title, interest, ownership, and all subsidiary rights, including all rights accruing to Company under U.S. copyright law, in and to all works of authorship and all copyrights, patents, trade secrets, and any other Intellectual Property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by Company (“Intellectual Property”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. Students do not have permission to use, reproduce, distribute, or create derivative works based on the Intellectual Property.
11.7. Company reserves the right to offer discretionary discounts and this does not affect the status of any Students who have paid the full price. Discounts are not retrospectively applied.
11.8. We do NOT accept any liability for acts not within the Company’s reasonable control and without its fault or negligence, including but not limited to accident, illness, cancellations, delays or changes caused by war, threat of war, terrorist actions or threats, closure of airports, civil strife, industrial action, natural disaster, technical problems to transport, staff cancellations or other events beyond our control, participants' medical or psychiatric conditions which may develop during or subsequent to the Retreat, loss of, or damage to, personal property of participants. In such an event, Company will make every reasonable effort to mitigate, modify, or alter these Terms and Conditions to meet the agreed upon obligations. In the event that force majeure renders the need for Company’s Services null and void, Student agrees to terminate these Terms and Conditions and bear its own expenses.
11.9. Student may not assign to another party any of its rights or obligations under these Terms and Conditions.
11.10. Company cannot guarantee the outcome of the Retreat Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the Services described in the Retreat Program shall be provided to Student in accordance with these Terms and Conditions. Student acknowledges that Company cannot guarantee any results for the Retreat Program as such outcomes are based on subjective factors that cannot be controlled by Company.
11.11. No Service, material or product offered by the Company should be construed as medical advice or diagnosis and should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The Company and its agents are not licensed medical or mental health professionals, and the Services specified within the Retreat Program are not a substitute for medical treatment or advice. The Company cannot diagnose illnesses or prescribe medication.
11.12. Any review, testimonial or other matter that could be regarded as an endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of using the Company’s Services or Retreat Programs. Results from use of our Services and Retreat Programs will vary depending upon the individual circumstances of the Student. Testimonials on our Website represent anecdotal experience of individual Students. Individual experiences are not a substitute for scientific research.
11.13. No failure or delay by us to exercise any right or remedy under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
11.14. If any provision, or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision under this Term shall be deemed deleted. Any modification to or deletion of a provision or a part-provision under this Term shall not affect the validity and/ or enforceability of the rest of these Terms.
11.15. These Terms and Conditions constitute the entire Terms and Conditions between the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous Agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
11.16. This Agreement, and any disputes arising out of or in connection with this Agreement, shall be governed and construed in accordance with the laws of the United State, State of California exclusive of conflict of law rules.
11.17. By attending this retreat, you agree to our Code of Conduct. This includes agreement that photographs and videos of the group and individuals may be taken and used on our website and social media platforms from time to time. We respect your privacy and will not use any photographs or videos that are inappropriate or intrusive. We will never take photos or videos during scared medicine ceremonies which visibly identify you or intrude on your privacy. If you do not wish to be included in any general photographs or videos, please inform the retreat organizer before the retreat starts. If you do not object, we will assume that you have granted permission for the use of your image in any promotional materials. Please note that any images or videos posted online may be used for marketing or promotional purposes.
11.18. We ask that all Students respect each other's privacy during the retreat. Please refrain from taking photos or videos of others in the group without their explicit permission. It is essential to respect everyone's personal boundaries, and taking photos or videos without their consent can be intrusive and disrespectful. Additionally, we ask that you do not take any recording devices into the maloka or other place where a sacred ceremony is taking place. These ceremonies are a sacred and private experience and must be treated with respect and confidentiality. Any violation of these policies may result in removal from the retreat program without a refund. By booking a retreat you confirm your understanding and cooperation in helping us create a safe and respectful space for all participants. Refer to our Code of Conduct.
12.1 Modern Ancient accepts no liability for loss, damage, injury or illnesses which may occur during the Student’s stay or traveling to and from the Center.
12.2 The Company is not liable for flight expenses and any other travel related expenses outside of a Retreat Program.
12.3 It is the Student’s responsibility to ensure that s/he has all the relevant travel documentation and arrives at the airport in time for the schedule transfer.
12.4 Modern Ancient is not responsible for delay or cancellation of any flights, train, buses or other forms of transport.
12.5. The Company recommends Students have adequate travel, cancellation and medical insurance for the duration of their trip.
13. Student Duties
13.1. Student agrees to furnish all information relating to psychological and medical conditions and medicinal use that affects or interacts with Ayahuasca, Iboga, Bufo, San Pedro and Kambo, or any other medicine advertised as used in the retreat program booked, and any other information or documentation that may be required by the Company to effectively perform its responsibilities in connection with the Retreat Program and the sacred medicine listed for use on the Company’s website and/ or included as part of the Retreat Program booked by the Student.
13.2. Student agrees to perform due diligence with respect to the safety of Ayahuasca, Iboga, Bufo, San Pedro and Kambo and other similar psychotropic substances, including but not limited to, drug and medicine interactions, genetic and biological predispositions, contraindications, and other persisting effects, and is solely responsible for his or her own health and safety at all times during the Retreat Program. Student further represents and warrants that s/he does not have any health or medical conditions that may preclude participation in the Retreat Program. For the benefit and support of all Retreat participants and facilitators, Student further agrees to participate in the Retreat Program for its full duration and to remain open to exploring his/ her experience. Student further agrees that Company has full discretion to remove Student from the Retreat Program if Student fails to comply with any ethical or safety guidelines, including but not limited to, the use of other psychoactives, dishonesty, harassment, or causing psychological or physical danger to the staff or other participants. Refer to our Code of Conduct.
13.3. Student agrees that s/he is voluntarily participating in all activities involved in and related to the Retreat Program. Student acknowledges that the Services provided at the Retreat, as well as certain optional activities offered by the Center, are inherently dangerous or carry some inherent risk. Student expressly assumes the risk for any damage to self or property. Should Student require emergency medical treatment as a result of accident or illness arising during Student’s attendance and participation in the Retreat Program, Student consents to such treatment and agrees to be financially responsible for any medical or legal expenses that may be incurred as a result of emergency medical treatment.
13.4. Students agrees to obtain the appropriate travel and medical insurance prior to undertaking a Retreat Program and to furinsh such documents upon request.
13.5. Student confirms s/he has carefully read this Agreement and has been provided with adequate time and opportunity to discuss and review the same with duly qualified counsel. Student understands that it is a release of liability and a contract between Student and Modern Ancient and/ or its contracted tour operators or affiliated organizations, and Student agrees to these Terms and Conditions of Student’s own free will.
14.1. Company will take reasonable steps to maintain the confidentiality of Student’s information. There is, however, an inherent risk in all forms of electronic communication, and communications between Student and Company may be unlawfully intercepted by third parties that are not under Company’s control. Company does not guarantee the security of any information transmitted via the Internet, telephone, or text message. Student may authorize Company to disclose Student’s information to a third party in a writing signed by the Student.
14.2. Any and all Student information and data of a confidential nature (“Student Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Student with the Services specified in the Retreat Program without Student’s express written consent. Student Confidential Information shall not include any information which
(i) becomes available to the public through no breach of confidentiality by Company;
(ii) was in Company’s possession prior to receipt from the disclosure;
(iii) is received by Company independently from a third party free to disclose such information; or
(iv) is independently developed by Company without use of the Student Confidential Information.
14.3. Upon request, Company will promptly return or destroy all documents containing Student’s Confidential Information and delete all electronic records of or containing the same.
14.4. Notwithstanding the foregoing, Company may disclose certain information provided by Student during the Retreat Program when necessary to prevent foreseeable imminent harm to the Student or another person or as otherwise required by law.
15.1. In the unfortunate event of a problem or a complaint, Students should immediately raise their concerns to the Center staff. Modern Ancient will always assist Students with justifiable complaints provided that Center staff are notified of the issue at the time of its occurrence.
We recommend that you obtain medical clearance from your health care practitioner prior to beginning the activities described on this site. The activities described on this site are not suitable for everyone and are not a substitute for medical expertise. If done improperly, exercise has some risk of injury. If you feel discomfort or pain, DO NOT continue. The Company disclaim any liability or loss in connection with the activities described herein.
RELEASE OF LIABILITY
By booking a retreat at Modern Ancient, Student confirms the following:
I confirm I have read all the information above. I accept full responsibility for, and understand the risks involved in, partaking in a Retreat Program at Modern Ancient. I understand the activities within a Retreat Program may present a risk of injury or harm and I agree to fully assume all risks. In addition, I hereby release and agree to waive liability, from and against any and all damages and claims of any kind, known or unknown, that may be connected, that are the result of, or arising from consideration, preparation, implementation or participation in a Modern Ancient Retreat Program. This includes, but is not limited to, claims involving economic loss, illness or medical condition, injury or accidental death.
I acknowledge having read this Release of Liability and confirm full understanding of the aforementioned paragraph. I further confirm that the terms set out above have not been modified orally or in writing.