Retreat Participation Terms of Agreement
ACCEPTANCE OF TERMS
This Retreat Participation Agreement (“Agreement”) is entered into between [KAIGO Health Inc. d/b/a Lindenhaus](“Lindenhaus,” “we,” “us”) and the undersigned Guest (“you,” “Guest”). By accepting these terms, you agree to the following:
1) Scope of Participation
The retreat may include (without limitation): travel to/from the venue, lodging, meals, group activities, educational sessions, workshops, fitness/movement classes, beach/ocean or pool access, transportation arranged by Lindenhaus or third parties, and other experiences (collectively, “Activities”). Activities are optional and may be adjusted for safety, weather, or other conditions.
2) Voluntary Participation
You understand participation is voluntary. You are solely responsible for deciding whether to participate in any Activity and for participating within your own limits.
3) Assumption of Risk
You acknowledge that retreats and related Activities involve inherent risks that may result in property damage, injury, illness, or death. These risks may include, for example: slips/falls, ocean conditions (currents, waves, marine life), pool-related incidents, heat/sun exposure, dehydration, food allergies or sensitivities, exercise-related injuries, transportation incidents, communicable illness exposure, and the actions or omissions of other guests, vendors, or third parties.
You knowingly and voluntarily assume all such risks, whether foreseeable or unforeseeable, even if arising from the ordinary negligence of the Released Parties (defined below), to the fullest extent permitted by law.
4) Health, Medical Conditions, and Allergies
You represent that:
You are physically and mentally able to participate, or you will modify participation as needed.
You have disclosed relevant medical conditions, injuries, allergies, dietary restrictions, and limitations to Lindenhaus in writing prior to arrival (or will do so immediately if they arise).
You are responsible for bringing and administering your own medications and for managing your health needs.
Dietary & Allergy Notice: While we will make reasonable efforts to honor disclosed dietary needs, we cannot guarantee an allergen-free environment.
5) Emergency Medical Care Authorization
If you experience injury or illness during the retreat, you authorize Lindenhaus and/or retreat staff to obtain or coordinate emergency medical care for you at your expense. You understand Lindenhaus does not provide medical insurance and is not responsible for costs of medical care, transportation, or related expenses.
6) Release of Liability (Important)
In consideration of being permitted to participate, you release and discharge Lindenhaus and all “Released Parties” from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to your participation in the retreat or Activities, including claims based on ordinary negligence, to the fullest extent permitted by law.
“Released Parties” includes: Lindenhaus, its owners, officers, directors, employees, contractors, volunteers, agents, affiliates, successors and assigns; the venue/property owner and its affiliates; and any retreat vendors, service providers, facilitators, instructors, drivers, or other third parties involved in providing retreat services.
This release does not apply to gross negligence or willful misconduct to the extent such claims cannot be waived under applicable law.
7) Indemnification and Hold Harmless
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) your acts or omissions;
(b) your breach of this Agreement;
(c) your violation of laws or venue rules; or
(d) claims brought by third parties arising from your conduct during the retreat.
8) Conduct, Safety Rules, and Removal
You agree to follow all retreat guidelines and venue rules, including safety instructions for Activities. We reserve the right to refuse participation in any Activity or remove any guest from the retreat (without refund) if, in our judgment, the guest’s behavior is unsafe, disruptive, harassing, intoxicated, or otherwise incompatible with the retreat environment.
9) Communicable Illness & Hygiene
You acknowledge the possibility of exposure to communicable illnesses. You agree not to attend if you are experiencing symptoms of a contagious illness (e.g., fever, vomiting, severe cough) and to notify Lindenhaus promptly if symptoms develop during the retreat so appropriate precautions can be taken.
10) Property and Personal Belongings
You are responsible for your personal property. Lindenhaus is not responsible for lost, stolen, or damaged items.
11) Photography, Video, and Media Release (Optional)
By initialing here: [ ] you grant Lindenhaus permission to capture and use photographs/video/audio of you taken during the retreat for marketing, educational, and archival purposes, without compensation.
If you do not consent, do not initial; we will make reasonable efforts to honor your preference.
12) Force Majeure, Changes, and Cancellations
Lindenhaus may modify the itinerary, Activities, facilitators, or venue arrangements due to weather, safety concerns, travel disruptions, illness, government restrictions, vendor cancellations, or other events outside our reasonable control (“Force Majeure”). You agree such changes do not constitute a breach of this Agreement.
Refunds, if any, are governed by the retreat’s published cancellation policy and/or your separate booking terms.
13) No Medical Advice
Retreat content is educational and informational and is not a substitute for professional medical advice, diagnosis, or treatment. Lindenhaus does not provide medical care. You agree to consult a qualified healthcare professional regarding any health questions.
14) Dispute Resolution; Governing Law; Venue
This Agreement is governed by the laws of the State of DE (without regard to conflict-of-laws rules). Any dispute arising under this Agreement shall be brought in Delaware.
(Optional: add mediation/arbitration language if you use it.)
15) Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect.
16) Entire Agreement
This Agreement constitutes the entire understanding regarding liability and participation and supersedes prior discussions on these topics. It may be signed electronically and in counterparts.