Terms & Conditions Nicasa VIP Experiences

Assumption of risk, liability waiver, release, policies, and terms

Please read carefully – this is a legally binding agreement

Scope of Agreement

This Agreement applies to all activities, events, services, amenities, facilities, equipment, and areas on the Property, including but not limited to:

Pool, lake, beach, docks, boats, fitness areas, wellness areas, walking paths, outdoor spaces, indoor spaces, event areas, and any temporary or mobile structures.

By purchasing, reserving, attending, entering, or participating in any activity on the property—including the pool, lake, beach, docks, fitness areas, wellness areas, event spaces, and all associated grounds (collectively, the “Property”)—the Participant agrees to the following terms.

Assumption of risk

Participant understands and accepts that all activities on the Property involve inherent risks, including but not limited to:

  • Swimming, water entry, drowning
  • Pool, lake, dock, and boating activities
  • Kayaking, paddleboarding, pedal boating, floating
  • Fitness, yoga, Pilates, conditioning, stretching, meditation
  • Sound baths and wellness activities
  • Uneven, wet, or slippery surfaces
  • Wildlife, insects, and natural elements
  • Sun exposure, heat, cold, wind, rain, storms
  • Food consumption and allergens
  • Equipment use
  • Interaction with other guests

Participant voluntarily assumes all risks, known and unknown, including injury, illness, drowning, disability, property damage, and death.

Swimming and Water Safety

  • Participant certifies they know how to swim.
  • No lifeguards are on duty.
  • Entering any body of water is voluntary and at Participant’s sole risk.

Equipment Use Release

Participant accepts full responsibility for the use of any equipment, including kayaks, paddles, flotation devices, mats, props, and wellness tools. There is no guarantee regarding equipment condition, performance, or suitability.

Wildlife and Environmental Exposure

Participant acknowledges the presence of insects, wildlife, and natural hazards, including but not limited to:

  • Bees, wasps, ticks, mosquitoes, geese, fish, aquatic life, uneven terrain, vegetation, and natural debris.
  • Participant assumes all related risks, including bites, stings, allergic reactions, and environmental injuries.

Sun, Heat, and Water Exposure

Participant assumes all risks related to:
Sunburn, dehydration, heat exhaustion, heat stroke, cold exposure, wind, rain, storms, and rapidly changing weather.

Food, Beverage, and Allergen Disclaimer

Food and beverages may contain or come into contact with allergens. This does not guarantee allergen free food or environments. Participant assumes all dietary risks.

Water Activity Release

Participant acknowledges that water activities involve risks such as:

  • Drowning
  • Slipping or falling
  • Collisions with watercraft
  • Physical exertion or muscle injury
  • Weather hazards
  • Equipment failure
  • Accidents involving other participants

Participants accept full responsibility for their participation.

Medical Fitness

Participant represents they are physically capable of participating and will not participate if they have any condition that may pose a risk to themselves or others. Participant is solely responsible for consulting a physician before participating. These include but not limited to:

  • Heart conditions
  • Seizure disorders
  • Respiratory issues
  • Pregnancy‑related restrictions
  • Recent surgeries
  • Serious injuries
  • Physical limitations

Release of Liability

To the fullest extent permitted by law, Participant releases and forever discharges Nicasa, Smokin Hot Yoga & Fitness, property owners, managers, operators, instructors, contractors, volunteers, employees, agents, affiliates, and vendors from any and all claims, demands, actions, damages, losses, costs, attorney fees, injuries, illnesses, disabilities, death, or property damage arising from participation or presence on the Property.

Indemnification

Participant agrees to defend, indemnify, and hold harmless all released parties from any claims, damages, liabilities, or expenses arising from Participant’s actions, conduct, negligence, or violation of these terms.

Food, Beverage, and Allergy Disclaimer

Food and beverages may be prepared or served in environments containing allergens. This does not guarantee allergen‑free food. Potential allergens include, but not limited to:

  • Nuts, peanuts
  • Dairy
  • Wheat, gluten
  • Soy
  • Eggs
  • Fish, shellfish
  • Sesame

Participant assumes all risks related to food consumption.

No Medical or Wellness Guarantees

Nicasa experiences are recreational and educational.
No statements by staff or facilitators constitute medical advice.
No guarantees are made regarding physical, emotional, mental, or wellness outcomes.

Weather Policy

Experiences operate rain or shine unless canceled by management.
Weather does not constitute grounds for refund, credit, transfer, or rescheduling.
Alternative indoor or covered accommodations may be provided at management’s discretion.

No Refund Policy

  • ALL TRANSACTIONS ARE FINAL.
  • NO REFUNDS.
  • NO CREDITS.
  • NO RESCHEDULING.
  • NO TRANSFERS.
  • NO EXCEPTIONS.

This applies regardless of illness, weather, travel delays, emergencies, or inability to attend. Unused reservations are forfeited.

Reservation Policy

Reservations are limited and exclusive.
Late arrival may result in forfeiture without refund.
Management may deny entry or remove any participant for safety concerns, policy violations, intoxication, or inappropriate conduct.

Alcohol and Drug Policy

No outside alcohol or drugs are permitted on the property.
Intoxicated participants may be denied participation or removed without refund.

Photography and Media Release

Participant grants Nicasa and Smokin Hot Yoga & Fitness the irrevocable right to photograph, film, and use their likeness for marketing, advertising, social media, and promotional purposes without compensation.

Property Damage

Participant is responsible for any damage caused by themselves, their guests, or their belongings.
Management may seek reimbursement for repair or replacement costs.

Personal Property

Participant is solely responsible for personal belongings.
Management is not responsible for lost, stolen, or damaged items.

Third Party Vendor Release

Participant releases Management from liability for services provided by third party vendors, including instructors, facilitators, chefs, performers, or contractors.

Property Access Restrictions

Participant agrees not to enter restricted, staff only, or unsafe areas. Violation may result in removal without refund.

Emergency Medical Treatment

Participant authorizes emergency medical treatment if necessary and accepts responsibility for all related expenses.

Emergency Evacuation Compliance

Participant agrees to follow all staff instructions during emergencies, evacuations, or safety procedures.

Force Majeure

Nicasa is not liable for delays, cancellations, or changes caused by events beyond its control, including weather, power outages, natural disasters, or emergencies.

Minors & Parental Consent

If minors are permitted, a parent or legal guardian must sign this Agreement on their behalf.

Class Action Waiver

Participant waives the right to participate in any class action lawsuit or collective claim.

Acknowledgment

By signing, Participant acknowledges that they:

  • Have read this Agreement in full
  • Understand and voluntarily assume all risks
  • Know that no lifeguards are on duty
  • Release Nicasa and all related parties from liability
  • Understand all transactions are final
  • Accept weather and food‑allergy risks
  • Agree to all policies and terms