Guest Participation Agreement and Release
The following named individual (“I”, “me”, “you”, “your” etc.) wishes to participate in the activities listed below, provided by Tadasana Ventures, LLC d/b/a Santosha at Hillholm Estate d/b/a The Inn on Winter’s Hill d/b/a Hillholm Estate, a limited liability company, with offices located at 33 Winter Hill Street, Kingfield, ME 04947 (“Tadasana”, “Santosha”, “Hillholm”, “we”, etc.) This Agreement applies to activities you may participate in while a guest at Hillholm or at another location. As lawful consideration for your participation in the activities, and if applicable, your stay at Hillholm, you agree to all the terms and conditions set forth in this agreement (this “Agreement”).
Participant/Guest Name: ______________________________________________________________
Please print: ______________________________________________________________
Tadasana Guest Responsibilities
In registering to be a guest of Tadasana located at 33 Winter Hill Street, Kingfield, ME 04947 (“Tadasana Center”), I agree to support Tadasana’s retreat environment and contribute to a safe, respectful, and positive experience for everyone in-house during my stay.
Social Media, Photography & Videos
Santosha does not allow programs or other presentations to be recorded or photographed by our guests.
Santosha recognizes that some guests wish to memorialize their experiences at the Santosha Center with photographs, videos, and audio recordings, and may want to post those recordings on various social media sites, such as Facebook, YouTube, Instagram and Twitter. Other than during programs or while in a program room, Santosha permits limited recording and posting, but asks all guests to be mindful and respectful of the privacy and wishes of other guests and the Santosha staff.
Activities
As a guest, I have the opportunity to take part in a range of activities designed to enhance my health and well-being. These include activities specific to the program I am taking, as well as general activities outside my program, offered to all Santosha guests. These activities include yoga and dance classes; exercise and conditioning classes; strength training; massage and bodywork; share circles and other personal growth experiences; relaxation and meditation instruction; lectures on various topics that often include a participatory component; spa activities such as pool and whirlpool; and outdoor recreation and fitness pursuits, such as swimming, bicycling, hiking (overnight or otherwise), kayaking, paddle boarding, and winter sports (each an “Activity” and collectively “Activities” for purposes of this Agreement).
Allergies
In addition, I assume full responsibility for knowing about food products, chemicals or other substances to which I may be sensitive or allergic (or if signed by a parent or legal guardian, to which the child in your care may be sensitive or allergic).
Acknowledgement; Release of Liability & Waiver
I RECOGNIZE THAT THESE ACTIVITIES AND OTHER ACTIVITIES OF THIS NATURE INVOLVE AN ELEMENT OF PHYSICAL, EMOTIONAL, AND PSYCHOLOGICAL RISK, INCLUDING SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I UNDERSTAND EACH PERSON’S LEVEL OF PHYSICAL AND PSYCHOLOGICAL FITNESS IS DIFFERENT, AND THAT SOME ACTIVITIES MAY NOT BE APPROPRIATE FOR ME GIVEN MY INDIVIDUAL CAPACITIES. I ACCEPT THE NEED TO MONITOR MY OWN PARTICIPATION, KNOWING THAT EACH ACTIVITY, AND EACH EXERCISE WITHIN ANY GIVEN ACTIVITY, IS OPTIONAL. IT IS FINE FOR ME TO SIT OUT AN ACTIVITY OR EXERCISE, OR LET MY INSTRUCTOR KNOW THAT I AM CHOOSING NOT TO PARTICIPATE. I ALSO UNDERSTAND THAT I MAY ASK FOR HELP AT ANY TIME. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF SANTOSHA. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF SANTOSHA OR OTHERWISE.
After being informed of the above risks and responsibilities, I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Santosha, and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), arising out of or attributable to my participation in the Activities, whether arising out of the negligence of Santosha or any Releasees or otherwise. I covenant not to make or bring any such claim against Santosha or any other Releasee, and forever release and discharge Santosha and all other Releasees from liability under such claims.
In addition, I agree to accept full responsibility for the security of my personal belongings, as Santosha is not responsible for lost, missing, or stolen items.
Santosha Promotional Efforts
From time to time, Santosha takes photographs and makes audio and video recordings of guests to promote the benefits of participating in its programs and Activities. I can tell Santosha staff that I do not want to participate, or I may move to a place in the room that is not being photographed or recorded. Subject to the foregoing, I hereby consent to being the subject of any photographs or audio/video recordings made by Santosha staff during my stay or participation in the programs and Activities, and grant permission for these to be published or posted in ways that promote Santosha.
Privacy and Information Sharing Notice
Your personal information is governed by the terms of the Santosha Privacy Policy, available at https://santosha.com/online-privacy-policy.
Miscellaneous
This Agreement constitutes the sole and entire agreement of Santosha and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Santosha and me and each of our respective successors and permitted assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Maine, without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal courts located in Cumberland County, Maine, and state courts located in Sagadahoc County, Maine, and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SANTOSHA UNDER CERTAIN CIRCUMSTANCES.
_______________________________________________ ____________
Signature Date
_______________________________________________
(Printed Name of Participant/Guest)
IF YOU ARE UNDER THE AGE OF 18, THIS AGREEMENT MUST BE SIGNED BY YOUR PARENT OR LEGAL GUARDIAN.
If applicable, I am the parent or legal guardian of the minor named above. I hereby covenant to Santosha that I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Agreement.
_______________________________________________ ____________
Signature Date
_______________________________________________
(Printed Name of Parent or Legal Guardian)