Be Here Now.
- Ram Dass
We’re looking forward to hosting you for a private retreat with Santosha at Hillholm Estate!
Now we want to know more about you. Please ensure that each member of your party completes the attached form upon receipt so we can plan your stay accordingly.
The more detail, the better.
SANTOSHA AT HILLHOLM ESTATE
Disclosure and Liability Waiver, Image Release, and Code of Conduct Agreement (the “Agreement”)
For good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I agree to these terms:
Retreat
I am registered to participate in a retreat, trip, or event (the “Retreat”) hosted by Tadasana Ventures, LLC d/b/a Santosha at Hillholm Estate d/b/a Santosha on the Carrabassett d/b/a The Inn on Winter’s Hill d/b/a Hillholm Estate (“Santosha”) and its owners, affiliates, instructors, agents, employees, third-party contractors, and service providers, heirs, successors, assigns, executors, and administrators (collectively with Santosha, the “Santosha Parties”, and each, a “Santosha Party”).
Participation in Activities
I understand that classes, workshops, and programs offered by any Santosha Party, whether on site at Hillholm Estate or off-site at any location, may include physical movements, breathing exercises, meditations, and physical adjustments and/or touch which may be strenuous and could result in physical injury. I acknowledge and affirm that the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated from the Activities (defined below) conducted before, during, or after my Retreat. If I experience any pain or discomfort, I will discontinue the Activity and ask for support from the relevant Santosha Party. On my own behalf, as well as on behalf of my affiliates, dependents, heirs, executors, administrators, successors and assigns, I hereby waive, release, acquit, forever discharge and hold all Santosha Parties harmless from any and all claims, lawsuits, demands, actions, investigations, proceedings, controversies, damages, losses, liabilities, costs, expenses, judgments, penalties, fees or fines (including legal expenses) on account of personal injury, death, loss or property damage arising from or in any way connected directly or indirectly to my Retreat or participation in any Activities associated with the Retreat.
I acknowledge and affirm that participation in all aspects of the Retreat, including but not limited to yoga, movement, pranayama, meditation, outdoor activities, meal and beverage service, healing arts treatments and other related activities (the “Activities”) are not substitutes for medical attention, examination, diagnosis or treatment. I acknowledge that the Activities may not be recommended and/or may not be safe under certain medical conditions. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any Activities. I represent and warrant that I am physically, mentally, and emotionally prepared to participate in any Activities I elect (either on or off its physical premises) and I have no medical condition that would prevent my full participation in such Activities. I agree to indemnify, defend, and hold harmless all Santosha Parties from any claims, suits, demands, actions, investigations, proceedings, controversies, damages, losses, liabilities, costs, expenses, judgments, penalties, fees or fines (including legal expenses) which may be asserted against any Santosha Party by a third party connected to my participation in the Retreat, or if I commence any legal action against any Santosha Party or any third party.
I also affirm that I alone am responsible to decide whether to practice any of the Activities and my level of participation in any of the Activities is my own choice and performed at my own risk. I hereby agree to irrevocably release and waive any claims I now have or may hereafter have against all Santosha Parties related to my participation in the Activities.
Safe, Appropriate, and Intended Use
I acknowledge that both safe and unsafe use of certain amenities located both on and off the Santosha premises or off-site venues or excursion locations anywhere in the world, including but not limited to open bodies of water, pools, hot tubs, saunas, tennis courts, spaces designated for healing arts and related equipment, balconies, terraces, bicycles, ski equipment, snowshoes, kayaks, canoes, yoga equipment, fire pits, or otherwise carry the risk of personal injury, death, loss or property damage. I acknowledge and agree that I fully assume the risks inherent in my use of any such amenities.
Prohibited Items and Activities; Pets
I understand that using or having in my possession any of the following items, or performing any of the following activities, is not permitted during my Retreat or during any Activities, whether on or off the Retreat premises: ammunition, firearms, explosive weapons, blades, and other weapons; candles, vaporizers, or incense; tobacco, cigarettes, e-cigarettes, and vaping devices; space heaters; appliances with an open heating coil or devices used for cooking (coffee pots, rice cookers, hot plates, air fryers, electric frying pans, crockpots, etc.); pets other than dogs about which I have notified the relevant Santosha Party (reservations@santosha.org), paid applicable fees, and agreed to regulations set forth by any Santosha Party regarding dogs; banned or controlled substances, items, objects, materials, or products.
I understand that I am expressly prohibited from bringing or consuming any outside alcohol during the Retreat.
I understand that I am expressly prohibited from smoking, vaping, or using e-cigarettes within 100 yards of the Retreat premises, including in my room.
In the event that dogs are permitted on my retreat and I choose to bring my dog, I understand that (1) I must pay the applicable pet fee in advance of my arrival (reservations@santosha.org); (2) bring a crate for my dog, and that my dog must be crated in the room anytime the dog is left alone; (3) keep my dog on a leash at all times while on premises; and (4) return to collect my dog, regardless of where I am (including off-site) in the event my dog disturbs other guests in my absence, which may entail leaving the Retreat without refund at the request of any Santosha Party.
No Refunds
I understand that, in the event I choose not to attend the Retreat, to arrive late to the Retreat, to leave prior to my scheduled departure date, or not to participate in the Retreat for any other reason, I am not entitled to any refund from or rescheduling by any Santosha Party for any reason. I acknowledge that I have
Images
To all Santosha Parties, I grant the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me or minors under my care, for the purpose of publication, promotion, illustration, advertisement or trade in any manner or in any medium. I grant permission to the Santosha Parties to use my statements, written or verbal, with or without my name, for the purpose of advertising and publicity without restriction. I acknowledge and agree that this permission may include the use of such photographs and/or video images on social media. I waive my right to any compensation for use by any Santosha Party of such images. The Santosha Parties shall have complete ownership of the images produced or published and shall have the exclusive right and license to make use of such images, including, but not limited to, the right of performance, display, reproduction and distribution in all media, and the right to create, perform, display and distribute derivative works of my images or my statements.
I agree to indemnify and hold all Santosha Parties harmless from and against any and all claims, suits, demands, actions, investigations, proceedings, controversies, damages, losses, liabilities, costs, expenses, judgments, penalties, fees or fines (including legal expenses), that any Santosha Party may become liable to pay or defend arising out of or caused by any appearance and/or use of the images or statements described herein.
I hereby release all Santosha Parties from all claims, suits, demands, actions, investigations, proceedings, controversies, damages, losses, liabilities, costs, expenses, judgments, penalties, fees or fines (including legal expenses) incurred by me arising out of or in connection with any appearance and/or use of the images or statements described herein.
COVID-19
I hereby represent that I have not, to my knowledge, been exposed to COVID-19 or any person or animal who has tested positive for COVID-19 or who has been exposed to COVID-19. To the extent that any Santosha Party, the State of Maine or any local jurisdiction requires a negative COVID-19 test result and/or quarantine for persons traveling from my state or local jurisdiction, I hereby affirm that I have complied with all laws and regulations associated with same. I acknowledge that it is my sole responsibility, and not the responsibility of any Santosha Party, to inform me of applicable laws or regulations. I hereby affirm that I have not been diagnosed with, tested positive for, or shown any symptoms of COVID-19 in the last twenty-one (21) days. I hereby agree that, in the event that I learn that I have been exposed to COVID-19, or I am diagnosed with, test positive for, or show any symptoms of COVID-19 during my Retreat or within twenty-one (21) days thereafter, I will immediately notify the relevant Santosha Party in writing, for which email shall be sufficient (reservations@santosha.org), and will consent to following any and all requirements imposed by any Santosha Party under such circumstances, which may entail leaving the premises and forfeiting amounts paid to any Santosha Party for my Retreat. I agree to wear an N-95 face mask (not a gaiter, bandana, face shield, or otherwise) at all times during my stay while indoors in common spaces upon the request of any Santosha Party. I agree to submit to infrared temperature checks daily, performed by a Santosha Party, as requested. I agree to wash my hands and use hand sanitizer on a frequent basis, abiding by handwashing techniques propounded by the U.S. Centers for Disease Control. I agree to use all facilities on or off the Retreat premises in the manner prescribed by any Santosha Party. In the event that, during or after my Retreat, I (or any person related to me or affiliated with me) is diagnosed with COVID-19 or shows any symptoms thereof without any such diagnosis, I hereby irrevocably release and indemnify all Santosha Parties from any claims, suits, demands, actions, investigations, proceedings, controversies, damages, losses, liabilities, costs, expenses, judgments, penalties, fees or fines (including legal expenses) related to personal injury or death resulting from any acts or omissions of any Santosha Party with respect to management of COVID-19 protocols.
Release and Indemnification
I have read, fully understand, and agree to the terms of this Agreement. I understand its terms and intend to be legally bound by the same. By signing and/or electronically agreeing to abide by the terms of this Agreement, I intend to completely and unconditionally discharge all Santosha Parties from any and all liability relating to my Retreat or my participation in any Activities, both on or off Santosha’s physical premises. I further release and indemnify all Santosha Parties from any claims, suits, demands, actions, investigations, proceedings, controversies, damages, losses, liabilities, costs, expenses, judgments, penalties, fees or fines (including legal expenses) for property damage, personal injury or death resulting from any acts or omissions of any Santosha Party, condition of the Retreat premises or objects owned by any Santosha Party.
Waiver; Entire Agreement; Governing Law; Dispute Resolution; Amendment; Binding Effect
Waiver by any Santosha Party of a default under this Agreement shall not constitute a waiver of a subsequent default of any nature. This Agreement sets forth the entire agreement and understanding between myself and the Santosha Parties, and this Agreement supersedes and nullifies all other agreements made between us. This Agreement may be affirmed in one or more counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument.
This Agreement shall be governed by the laws of the State of Maine. The venue for any dispute arising under this Agreement or any disputes among the Parties shall be the state courts of Maine in Franklin County or in the United States District Court for the District of Maine; provided, however, that all claims and disputes arising under or relating to this Agreement are to be settled by mediation and/or arbitration (as selected exclusively by the Santosha Parties) in the State of Maine or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. I hereby irrevocably waive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the Retreat contemplated hereby.
No amendment of this Agreement shall be effective unless reduced to writing and subscribed by the parties with all the formality of the original. This Agreement and any amendments thereto shall be binding upon me and the Santosha Parties.
Notices
Notices shall be addressed to the following:
Tadasana Ventures, LLC d/b/a Santosha at Hillholm Estate
33 Winter Hill Street
Kingfield, ME 04947
reservations@santosha.org
A copy of this Agreement can be acquired by emailing reservations@santosha.org.
rev. 111025