TERMS AND CONDITIONS OF USE
We are pleased to welcome you to Modern Ancient (our Website). By continuing to use this Website you are agreeing to comply with and be bound by the following terms and conditions (the Terms and Conditions).
These Terms and Conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Modern Ancient, the owner and operator of this Website. Please read these Terms and Conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
In these Terms and Conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Modern Ancient and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Modern Ancient and accessing the Website in connection with the provision of such services.
The term “you” refers to the User or viewer of our Website, whether as a guest or registered user. Use of our Website includes accessing, browsing, or registering to use our Website.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these Terms and Conditions, you represent and warrant that you are at least 18 years of age.
Intellectual Property and Acceptable Use
- All Content included on the Website, unless uploaded by Users, is the property of Modern Ancient, our affiliates or other relevant third parties. In these Terms and Conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such Content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by international copyright, trademark, patent, trade secret, database rights and other Intellectual Property or proprietary rights laws. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
- You may, for your own personal, non-commercial use only, do the following: a. retrieve, display and view the Content on a computer screen
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Modern Ancient.
- You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on Intellectual Property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content. You may not upload commercial Content onto the Website.
- You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these Terms and Conditions and will not cause injury to any person; and that you will indemnify Modern Ancient for all claims resulting from Content you supply.
6. You may not use the Website for any of the following purposes:
6.1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
6.2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, and governmental order;
6.3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner
7. 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.
7.1.You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
7.2. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
7.3. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
8. You must ensure that the details provided by you on registration or at any time are correct and complete.
9. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
10. We may suspend or cancel your registration with immediate effect without cause or notice for any reasonable purpose or if you breach these Terms and Conditions, resulting in the forfeiture and destruction of all information associated with your account.
11. If you no longer wish to have an account with us you may send an email to email@example.com. If you no longer accept these Terms and Conditions, or any future modification to these Terms and Conditions, you must cease using the Modern Ancient Website. Continued use of the Modern Ancient Website indicates your continued acceptance of the Terms and Conditions. Cancellation or suspension of your registration does not affect any statutory rights.
Password and Security
12.If you choose, a User identification name and password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
13. We have the right to disable any User identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions. If you know or suspect that anyone other than you knows your User identification code or password, you must promptly notify us at firstname.lastname@example.org.
Availability of the Website and Disclaimers
15. Our Website is made available free of charge. We do not guarantee that our Website, or any Content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
16. Any online facilities, tools, Services or information that Modern Ancient makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/ or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Modern Ancient is under no obligation to update information on the Website.
17. Whilst Modern Ancient uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
18. Modern Ancient reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/ or Services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Advertisements and Links to other Website
19. The Website contains links to other internet Websites. These links are provided for your information only. We have no control over the Contents of those sites or resources. We assume no responsibility for the Content of Websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.
Limitation of Liability
20. Nothing in these Terms and Conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
21. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
22. To the maximum extent permitted by law, Modern Ancient accepts no liability for any of the following:
23. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
24. loss or corruption of any data, database or software;
25. any special, indirect or consequential loss or damage.
- You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions where we reasonably believe your rights will not be affected.
- If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.
- Unless otherwise agreed no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement shall be governed by and interpreted according to the laws of the United States of America and the laws of the State of New York. 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 New York.
Modern Ancient Details
- The Website is owned by Modern Ancient, a trading name for Modern Ancient LLC, whose registered office is 16192 Coastal Highway, Lewes, County of Sussex, Delaware 19958, United States. Our Company number is 6721808.
- You can contact Modern Ancient by email on email@example.com.
RETREAT PROGRAM BOOKING TERMS AND CONDITIONS
- Interpretation and Variation
1.1 In the Terms and Conditions the following definitions apply:
“Company” means Modern Ancient LLC, a Company registered in the State of Delaware, United States with Company number 06721808 at registered Company address of 16192 Coastal Highway, Lewes, County of Sussex, Delaware 19958, United States.
“Student” means any person that has completed and submitted the Booking Form as a Medicine or Non-Medicine Student either in person or at the Center, or online at www.modernancient.com and which booking has been accepted by the Company (“Booking Form”).
“Medicine Student” means any person who has booked a Retreat using the Booking Form and intends to consume one or more of the following plant medicines: Ayahuasca, Iboga, San Pedro and Kambo.
“Non-Medicine Student” means any person who has booked a Retreat using the Booking Form and does not intend to consume one or more of the following plant medicines: Ayahuasca, Iboga, San Pedro and Kambo.
“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 six Retreats which are offered by the Company: Signature, Intensive, Lunar, Silencio, Kambo and the Shamanic Development Program.
“Services” means all inclusions offered by the Center as specified in the particular Retreat Program.
“Add-on Option” means one or more of the following Services which are offered by the Company: Astrology reading, Bio-energy session and Integration session.
“Terms and Conditions” means these 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 The Terms and Conditions are incorporated into the Booking Form.
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. 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 New York. 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 New York.
- Student Registration
2.1 Subject to condition 2.2, when a Student has completed the Booking Form he will be registered as a Student of the Center for the selected Retreat Program. A Student warrants that the personal information provided in the Booking Form 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 Booking Form is not accurate, up-to-date and/ or is misleading, such Student will be suspended until such time as they amend the Booking Form 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 Retreat Program is scheduled.
2.4 A Student booking is non-transferable.
- Payment Terms
3.1 Details of Retreat prices and Add-on Options 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 A Student may not receive any Add-on Option Service without first booking and paying for the relevant option.
3.4 Payment is made online at www.modernancient.com following completion of the Booking Form.
3.5 Payment is made in one of the following ways:
- Full payment of the Retreat price (and selected Add-on Option)
- 50% deposit of the Retreat price (and selected Add-on Option)
- Add-On Option (full payment only)
3.6 Where a 50% deposit 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. The booking confirmation email will contain the specific date for the deduction of the balance.
3.7 Where the Retreat date is within 30 days, only payment in full is accepted.
- Bookings, Cancellations and Refunds
4.1 A Student may only book Retreats or Add-on Option Services for themselves at www.modernancient.com following completion of the Booking Form.
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 email us at www.modernancient.com 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 then books that Retreat then the booking will be subject to these Terms and Conditions in the usual way.
4.4 Cancellations can be made only for the price of a Retreat Program, not an Add-on Option, at any time by the Student for any reason by sending an email to firstname.lastname@example.org. Depending on the timeframe in which a cancellation is made, a refund for the full amount or deposit will be made, or credit of the deposit to another Retreat Program.
- A cancellation less than 30 days from the first day of the Retreat Program will not receive a refund of the deposit or full amount paid.
- A cancellation between 31 and 60 days prior to the first day of the Retreat Program will receive a refund of 40% of the retreat program price.
- A cancellation greater than 61 days prior to the first day of the Retreat Program will receive a refund of 100% of amounts paid.
- Cancellations for Add-On Options are non refundable.
4.5 If the Retreat Program vacancy can be filled by a cancellation made within 60 days of the first day of a Retreat Program then the deposit or full payment will available for transfer to another Retreat Program.
4.6 Refunds will be processed within 7 to 10 business days to the original method of payment and minus the associated card processing fee.
- Fitness and Health
5.1 It is the Student’s responsibility to ensure that he is capable of undergoing the routine of exercises or postures provided by any Retreat Program which he follows or class which 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.
- 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 LECTURE 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.
- 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, it 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.
- 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.
- Safety & 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 use of the Center’s facilities or participation in activities. A Student must always stop and rest if 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 on the yoga stage. 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. Medicine as well as Non-Medicine Students must inform us of any health issues in the Booking Form.
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 or Suya Devi. Company or Suya Devi 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. Student does 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 New York, exclusive of conflict of law rules.
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 expense outside of a Retreat Program.
12.3 It is the Student’s responsibility to ensure that 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.
- Student Duties
13.1 Student agrees to provide all information relating to psychological and medical conditions and medicinal use that affects or interacts with Ayahuasca, Iboga, San Pedro and Kambo and any other information or documentation that may be required by Company to effectively perform its responsibilities in connection with the Retreat Program.
13.2 Student agrees to perform due diligence with respect to the safety of Ayahuasca, Iboga, 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 he or she 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 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.
13.3 Student agrees that 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 Student confirms 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 signs this Booking Form of Student’s own free will.
13.5 Students, by attending a retreat program or event held by the Company, consent to photography or video footage which may be taken from time to time for promotional, social media or other advertising campaign use. It is the responsibility of the Student to notify his or her facilitator if he or she does not wish to be part of any photography or videos while on retreat. Photos and videos are NEVER taken during personal ceremony experiences or when Students are in a private or vulnerable state.
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 Client’s express written consent. Student Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company; (b) was in Company’s possession prior to receipt from the disclosure; (c) is received by Company independently from a third party free to disclose such information; or (d) is independently developed by Company without use of the Student Confidential Information. 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. 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
I confirm I have read all the information above. I accept full responsibility of, 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.