Terms & Conditions

1. Assumption of Risk & Liability Waiver

By booking and staying at Wildcreek Glamping, guests acknowledge and agree that:

• Participation in outdoor activities and staying in a natural environment involves inherent risks and dangers, including but not limited to: serious bodily injuries, permanent disability, or death.
• Guests voluntarily assume all risks associated with their stay, including risks related to weather conditions, uneven terrain, wildlife encounters, and use of facilities and amenities.
• Guests release, waive, and discharge Wildcreek Glamping, its owners, operators, employees, and agents from any and all liability, claims, demands, or causes of action arising from or related to any injury, illness, death, or property damage that may occur during their stay.
• This release applies to all claims, whether known or unknown, anticipated or unanticipated, resulting from participation in activities or use of facilities at Wildcreek Glamping.

2. Wildlife & Natural Environment Disclaimer

Our property is located within a natural ecosystem in the Catskill Mountains where various wildlife resides, including but not limited to deer, bears, coyotes, snakes, insects, and other animals.

• Bear & Wildlife Encounters: Guests acknowledge that bears and other wildlife may be present on or near the property. Wildcreek Glamping is not responsible for any injuries, damages, or losses resulting from wildlife encounters, including bear attacks, animal bites, or insect stings.
• Allergic Reactions: Guests are responsible for being aware of their own allergies. Wildcreek Glamping is not liable for allergic reactions to any natural elements including plants, insects, animals, or environmental factors.
• Natural Hazards: The property contains natural hazards including but not limited to uneven terrain, rocks, tree roots, steep slopes, bodies of water, falling branches, and slippery surfaces. Guests assume all risk of injury from these hazards.
• Weather Conditions: Guests acknowledge that weather in the Catskills can be unpredictable and potentially dangerous, including lightning storms, extreme cold, ice, snow, and high winds. Wildcreek Glamping is not liable for any injuries or damages related to weather conditions.

3. Hot Tub & Sauna Rental Agreement

By using the hot tub and/or sauna facilities at Wildcreek Glamping, guests acknowledge and agree to the following:

A. Assumption of Risk

• Use of the hot tub and sauna is entirely at the guest's own risk. Guests voluntarily assume all risks associated with the use of these facilities, including but not limited to: drowning, slipping, falling, burns, scalds, hyperthermia (overheating), dehydration, fainting, dizziness, heart attack, stroke, and other serious injuries or death.
• Guests acknowledge that hot tubs and saunas pose inherent dangers that cannot be eliminated regardless of the care taken.
• Guests assume full responsibility for any injuries, damages, or losses that may occur during or as a result of hot tub or sauna use.

B. Health Warnings & Restrictions

• Consult a Physician: Guests should consult a physician before using the hot tub or sauna if they have any health concerns.
• Prohibited Use: The following individuals should NOT use the hot tub or sauna:
  • Pregnant women
  • Persons with heart disease, high or low blood pressure, or circulatory problems
  • Persons with diabetes or epilepsy
  • Persons taking medications that induce drowsiness or affect blood pressure
  • Persons under the influence of alcohol, drugs, or any impairing substances
  • Persons with open wounds, infections, or contagious skin conditions
• Time Limits: Guests should limit hot tub sessions to 15-20 minutes and sauna sessions to 10-15 minutes. Extended exposure can cause hyperthermia, which can lead to unconsciousness, brain damage, or death.
• Temperature Warning: Water temperatures exceeding 104°F (40°C) may be hazardous to health. Guests must not adjust temperature settings beyond safe levels.
• Hydration: Guests must stay hydrated before, during, and after hot tub or sauna use to prevent dehydration.

C. Children & Supervision

• Children under 16 years of age must be accompanied and directly supervised by an adult at all times when using the hot tub or sauna.
• Children under 5 years of age should not use the hot tub due to their inability to regulate body temperature.
• Parents and guardians assume full responsibility for the safety of children in their care.

D. Safety Rules

• No diving, jumping, or horseplay in or around the hot tub.
• No glass containers within 10 feet of the hot tub.
• No electrical devices near the hot tub or sauna.
• Do not use the hot tub or sauna alone—always have a companion present.
• Exit immediately if you feel dizzy, nauseous, or unwell.
• Do not submerge your head underwater in the hot tub.
• Shower before and after using the hot tub or sauna.
• Do not use the hot tub or sauna while sleepy or fatigued.

E. Waiver of Liability & Hold Harmless Agreement

BY USING THE HOT TUB OR SAUNA FACILITIES, GUESTS EXPRESSLY AGREE TO THE FOLLOWING:

• Complete Release: Guests hereby release, waive, and forever discharge Wildcreek Glamping, its owners, members, managers, operators, employees, agents, contractors, successors, and assigns (collectively "Released Parties") from any and all liability, claims, demands, actions, causes of action, costs, expenses, attorney fees, damages, judgments, or orders of any kind whatsoever arising out of or related to any loss, damage, injury (including death) that may be sustained while using or as a result of using the hot tub or sauna facilities.
• Negligence Waiver: This waiver and release expressly includes, but is not limited to, any claims based on negligence, gross negligence, premises liability, defective equipment, failure to warn, or any other legal theory, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
• Hold Harmless: Guests agree to HOLD HARMLESS, DEFEND, AND INDEMNIFY Wildcreek Glamping and all Released Parties from and against any and all claims, damages, losses, injuries, liabilities, costs, and expenses (including reasonable attorney fees and court costs) arising from or related to the guest's use of the hot tub or sauna facilities, including but not limited to claims brought by the guest, their family members, heirs, estate, or any third parties.
• Covenant Not to Sue: Guests expressly covenant and agree not to sue or bring any legal action against Wildcreek Glamping or any Released Party for any claims arising from or related to the use of hot tub or sauna facilities, regardless of cause.
• Assumption of All Risks: Guests acknowledge that they have been informed of and fully understand the risks associated with hot tub and sauna use, including the risk of serious injury or death, and voluntarily assume ALL RISKS, both known and unknown, associated with such use.
• Binding Effect: This waiver and hold harmless agreement is binding upon the guest, their heirs, executors, administrators, personal representatives, and assigns. Guests represent that they have the authority to bind all members of their party to these terms.
• Severability: If any provision of this waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Acknowledgment: BY MAKING A RESERVATION AND USING THE HOT TUB OR SAUNA, GUESTS ACKNOWLEDGE THAT THEY HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO THIS WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT. GUESTS UNDERSTAND THAT BY AGREEING TO THESE TERMS, THEY ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

F. Property Damage

• Guests are financially responsible for any damage to the hot tub, sauna, or related equipment caused by misuse, negligence, or violation of these rules.
• Damage to the hot tub may result in charges up to $15,000 for repair or replacement.
• Damage to the sauna may result in charges up to $10,000 for repair or replacement.

G. Indemnification

Guests agree to indemnify and hold harmless Wildcreek Glamping from any claims, suits, losses, or damages (including attorney fees) brought by any third party as a result of the guest's use of the hot tub or sauna facilities.

8. Indemnification

Guests agree to indemnify, defend, and hold harmless Wildcreek Glamping, its owners, operators, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or related to:

• The guest's use of the property and facilities
• Any breach of these terms and conditions
• Any negligent or wrongful act or omission by the guest or their visitors
• Any injury or damage to third parties caused by the guest

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Wildcreek Glamping's total liability for any claims arising from your stay shall not exceed the total amount paid for your reservation.
• Wildcreek Glamping shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• Wildcreek Glamping is not liable for any acts of God, natural disasters, severe weather, power outages, or other circumstances beyond our control.