Hot Tub & Sauna Rental Agreement
Waiver of Liability & Hold Harmless Agreement
Effective Date: January 2026
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE HOT TUB OR SAUNA. BY USING THESE FACILITIES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
This Hot Tub & Sauna Rental Agreement and Waiver of Liability ("Agreement") is entered into between Wildcreek Glamping, LLC, located at 26 Tallwoods Rd, Maplecrest, NY 12454 ("Property," "we," "us," or "our"), and the guest(s) identified in the booking reservation ("Guest," "you," or "your").
This Agreement applies to all guests, visitors, and any persons using or present near the hot tub and/or sauna facilities at Wildcreek Glamping. By making a reservation and/or using the hot tub or sauna, you agree to be bound by this Agreement on behalf of yourself and all members of your party.
1. Description of Facilities
Wildcreek Glamping provides the following amenities for guest use during their reservation period:
- Wood-Fired Hot Tub: An outdoor cedar wood-fired hot tub located on the elevated deck of the property. The hot tub requires manual heating and temperature monitoring by the guest.
- Barrel Sauna: An outdoor barrel-style sauna located on the deck area. The sauna is heated by an electric or wood-burning heater and requires guest operation.
- Both facilities are provided "as-is" and are used at the guest's sole discretion and risk.
2. Acknowledgment of Inherent Risks & Dangers
Guest acknowledges and understands that the use of hot tub and sauna facilities involves significant inherent risks and dangers, including but not limited to:
- Drowning or near-drowning - Loss of consciousness, seizure, or incapacitation while in or near the hot tub can result in drowning or death.
- Hyperthermia (overheating) - Prolonged exposure to elevated water or air temperatures can cause the body's internal temperature to rise to dangerous levels, leading to heat stroke, organ failure, brain damage, or death.
- Cardiovascular events - Hot tub and sauna use can cause rapid changes in blood pressure and heart rate, potentially triggering heart attack, stroke, cardiac arrhythmia, or sudden cardiac arrest.
- Burns and scalds - Contact with hot water, heated surfaces, hot tub heaters, sauna stoves, or steam can cause severe thermal burns.
- Slips, trips, and falls - Wet, icy, or snow-covered surfaces around the hot tub and sauna create serious slip and fall hazards that may result in broken bones, head injuries, spinal cord injuries, or death.
- Dehydration and electrolyte imbalance - Excessive sweating in hot environments can lead to severe dehydration, fainting, seizures, or kidney failure.
- Respiratory distress - Steam, heat, and humidity may cause breathing difficulties, particularly for individuals with asthma or other respiratory conditions.
- Infection and illness - Improperly maintained water or shared facilities may expose guests to bacterial infections, skin conditions, or waterborne illness.
- Allergic reactions - Exposure to chemicals used in water treatment, natural wood materials, or environmental allergens may trigger allergic reactions.
- Carbon monoxide exposure - Wood-fired heating elements may produce carbon monoxide gas if improperly ventilated.
- Interaction with alcohol or medications - Use of alcohol, prescription medications, or recreational substances in combination with hot tub or sauna use significantly increases the risk of drowning, overheating, loss of consciousness, and death.
- Wildlife encounters - The outdoor location of the facilities exposes guests to potential encounters with wildlife, including bears, insects, and other animals.
- Electrical hazards - Proximity of electrical equipment to water creates risk of electrical shock or electrocution.
- Weather-related hazards - Lightning, extreme cold, ice, snow, and wind may create additional dangers during outdoor hot tub and sauna use.
THE ABOVE LIST IS NOT EXHAUSTIVE. Guest acknowledges that other risks and dangers may exist that are not specifically identified herein, and Guest voluntarily assumes ALL risks, both known and unknown, foreseeable and unforeseeable.
3. Health Warnings & Medical Restrictions
A. Medical Advisory
Guest is strongly advised to consult with a licensed physician before using the hot tub or sauna, particularly if Guest has any pre-existing medical conditions. Guest represents and warrants that they are in adequate physical health to safely use these facilities.
B. Prohibited Use - Medical Conditions
The following individuals should NOT use the hot tub or sauna under any circumstances:
- Pregnant women or women who may be pregnant
- Persons with heart disease, coronary artery disease, or history of heart attack
- Persons with high or low blood pressure, or circulatory system disorders
- Persons with diabetes mellitus (Type 1 or Type 2)
- Persons with epilepsy, seizure disorders, or history of fainting
- Persons with multiple sclerosis or other neurological conditions
- Persons with respiratory conditions including asthma or COPD
- Persons with open wounds, infections, rashes, or contagious skin conditions
- Persons with fever or acute illness
- Persons who have recently undergone surgery
- Persons taking anticoagulants, beta-blockers, diuretics, vasodilators, sedatives, tranquilizers, antihistamines, or any medications that affect blood pressure, circulation, heart rate, or induce drowsiness
- Persons under the influence of alcohol, cannabis, narcotics, or any impairing substance
IF ANY OF THE ABOVE CONDITIONS APPLY TO YOU, YOU MUST NOT USE THE HOT TUB OR SAUNA. Use in violation of these restrictions is at your sole risk and liability.
C. Temperature & Time Limits
- Hot tub water temperature must not exceed 104°F (40°C). Temperatures above this level are dangerous and potentially life-threatening.
- Hot tub sessions should be limited to 15-20 minutes maximum.
- Sauna sessions should be limited to 10-15 minutes maximum.
- Cool down for a minimum of 10 minutes between sessions.
- Extended or repeated exposure can cause hyperthermia, which may lead to unconsciousness, brain damage, organ failure, or death.
- Guest must not alter, tamper with, or override any temperature controls or safety features.
D. Mandatory Hydration
Guest must consume adequate water before, during, and after hot tub or sauna use. Alcohol and caffeine should be avoided as they accelerate dehydration. Failure to maintain proper hydration may result in heat stroke, organ damage, or death.
4. Mandatory Safety Rules
Guest agrees to comply with ALL of the following safety rules. Violation of any rule constitutes a breach of this Agreement:
- No solo use - Never use the hot tub or sauna alone. A sober companion must be present at all times.
- No alcohol or drugs - Do not consume alcohol, cannabis, or any impairing substance before or during use of the hot tub or sauna.
- No diving or jumping - No diving, jumping, running, or horseplay in, on, or around the hot tub or sauna.
- No glass - No glass containers, bottles, or glassware within 10 feet of the hot tub or sauna. Use only shatterproof containers.
- No electronics - No electrical devices, extension cords, or plugged-in devices near the hot tub or in the sauna.
- No submersion - Do not submerge your head or face underwater in the hot tub.
- No sleeping - Do not use the hot tub or sauna if drowsy, fatigued, or sleep-deprived. Falling asleep in either facility can result in drowning or death.
- Exit immediately - Leave the hot tub or sauna immediately if you experience dizziness, nausea, lightheadedness, rapid heartbeat, difficulty breathing, chest pain, tingling, numbness, or any discomfort.
- Shower before use - Rinse your body before entering the hot tub to prevent contamination.
- Do not adjust equipment - Do not disassemble, modify, or tamper with any hot tub or sauna equipment, plumbing, heating elements, or structural components.
- Wintertime caution - Exercise extreme caution when navigating icy or snow-covered surfaces around the deck, stairs, and facilities. Use handrails at all times.
- Nighttime use - Exercise additional caution when using facilities after dark. Ensure adequate lighting before entering the hot tub or sauna area.
5. Children & Minor Supervision
- Children under 5 years of age are strictly prohibited from using the hot tub or sauna due to their inability to regulate body temperature.
- Children ages 5-15 must be accompanied and directly supervised by a responsible adult at all times when in or around the hot tub or sauna area.
- Children must limit hot tub use to 5-10 minutes with water temperature not exceeding 98°F (37°C).
- Children are not permitted to use the sauna under any circumstances.
- Parents and legal guardians assume complete and total responsibility for the safety and supervision of all children in their care, including but not limited to all risks of drowning, injury, illness, or death.
- By allowing a minor to use these facilities, the parent or legal guardian agrees to this entire Agreement on behalf of the minor and waives all claims on behalf of the minor.
6. Voluntary Assumption of All Risks
GUEST HEREBY ACKNOWLEDGES AND AGREES THAT:
- Guest has been fully informed of and clearly understands the inherent risks, dangers, and hazards associated with the use of hot tub and sauna facilities as described in Section 2 of this Agreement.
- Guest's participation in the use of these facilities is entirely voluntary and of Guest's own free will.
- Guest VOLUNTARILY AND KNOWINGLY ASSUMES ALL RISKS AND DANGERS associated with the use of the hot tub and sauna facilities, whether or not described in this Agreement, including all risks of personal injury, illness, disability, death, and/or property damage or loss, whether caused by the negligence of the Released Parties (as defined below) or otherwise.
- Guest acknowledges that this assumption of risk extends to all conditions and activities associated with hot tub and sauna use, including but not limited to: entering and exiting the facilities, operating heating equipment, navigating the deck and stairs, and all other incidental activities.
7. Complete Waiver & Release of Liability
In consideration of being permitted to use the hot tub and sauna facilities at Wildcreek Glamping, Guest hereby agrees as follows:
- Release of All Claims: Guest hereby RELEASES, WAIVES, AND FOREVER DISCHARGES Wildcreek Glamping, LLC, its owners, members, managers, operators, employees, agents, contractors, insurers, successors, heirs, and assigns (collectively, the "Released Parties") from any and all liability, claims, demands, actions, causes of action, suits, costs, expenses (including attorney fees), damages, judgments, and orders of any kind or nature whatsoever, whether in law or equity, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Guest has, has ever had, or may hereafter have, arising out of or related to any loss, damage, injury (including bodily injury, emotional distress, illness, disability, disfigurement, or death) that may be sustained by Guest or any property belonging to Guest, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, while using or as a result of using the hot tub or sauna facilities.
- Waiver of Negligence Claims: This release and waiver EXPRESSLY INCLUDES, but is not limited to, claims based upon or arising from: negligence, gross negligence, premises liability, strict liability, product liability, defective conditions of the facilities or equipment, failure to warn, failure to maintain, failure to supervise, failure to inspect, breach of contract, breach of warranty, or any other legal theory whatsoever.
- Waiver of Unknown Claims: Guest expressly waives any and all rights under any statute or common law principle that would otherwise limit the coverage of this release to include only those claims which Guest may know or suspect to exist at the time of executing this Agreement.
8. Hold Harmless & Indemnification Agreement
- Hold Harmless: Guest agrees to HOLD HARMLESS AND DEFEND Wildcreek Glamping and all Released Parties from and against any and all claims, damages, losses, injuries, liabilities, costs, and expenses (including reasonable attorney fees, court costs, and litigation expenses) arising from, related to, or in any way connected with Guest's use of the hot tub or sauna facilities, including but not limited to claims brought by Guest, Guest's family members, Guest's heirs, Guest's estate, Guest's dependents, co-guests, visitors, or any third parties.
- Duty to Indemnify: Guest agrees to INDEMNIFY Wildcreek Glamping and all Released Parties for any and all liability, loss, cost, damage, or expense (including but not limited to attorney fees, expert witness fees, court costs, and settlement amounts) that Wildcreek Glamping may incur as a result of any claim, demand, or cause of action brought against Wildcreek Glamping by any person arising from or related to Guest's use of the hot tub or sauna facilities.
- Third-Party Claims: If any third party (including Guest's family, heirs, estate, or representatives) brings a claim against Wildcreek Glamping arising from Guest's use of the facilities, Guest agrees to reimburse Wildcreek Glamping for all costs of defense and any amounts paid in settlement or judgment.
9. Covenant Not to Sue
Guest expressly covenants and agrees:
- NOT TO SUE or bring any legal action, arbitration, mediation, or other proceeding against Wildcreek Glamping or any Released Party for any claim, demand, or cause of action arising from or related to Guest's use of the hot tub or sauna facilities, regardless of cause.
- If Guest breaches this covenant and initiates legal proceedings in violation of this Agreement, Guest agrees to pay all of Wildcreek Glamping's costs and expenses, including reasonable attorney fees, incurred in defending such action.
- Guest further agrees that this covenant not to sue is binding upon Guest's heirs, executors, administrators, personal representatives, and assigns.
10. Property Damage & Financial Responsibility
- Guest is financially responsible for any and all damage to the hot tub, sauna, deck, plumbing, heating equipment, or any related equipment or structures caused by Guest's use, misuse, negligence, intentional acts, or violation of these rules.
- Hot Tub Damage: Repair or replacement costs may be up to $15,000 depending on the extent of damage.
- Sauna Damage: Repair or replacement costs may be up to $10,000 depending on the extent of damage.
- Deck & Infrastructure Damage: Guest is liable for any damage to the deck, stairs, railings, or surrounding infrastructure caused by misuse of facilities.
- Wildcreek Glamping reserves the right to charge the Guest's credit card on file for any damages discovered during or after the Guest's stay.
- If the cost of damages exceeds the security deposit or card authorization, Guest agrees to pay the remaining balance within 14 days of receiving an itemized invoice.
11. Governing Law & Dispute Resolution
- This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
- Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in Greene County, New York.
- Guest waives any right to a jury trial and any right to participate in a class action or consolidated proceeding.
- The prevailing party in any dispute shall be entitled to recover reasonable attorney fees and costs from the non-prevailing party.
12. Additional Provisions
A. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity of the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
B. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, or representations, whether written or oral. This Agreement is in addition to, and does not replace, the general Terms & Conditions of Wildcreek Glamping.
C. No Waiver
The failure of Wildcreek Glamping to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce such provision or any other provision in the future.
D. Binding Effect
This Agreement shall be binding upon Guest and Guest's heirs, executors, administrators, personal representatives, successors, and assigns. Guest represents and warrants that they have the legal authority and capacity to enter into this Agreement and to bind all members of their party to its terms.
E. Age Requirement
Guest represents and warrants that they are at least 21 years of age and are legally competent to enter into this binding Agreement. If Guest is signing on behalf of a minor, Guest accepts full responsibility for the minor and agrees to this Agreement on the minor's behalf.
Acknowledgment & Agreement
BY MAKING A RESERVATION AT WILDCREEK GLAMPING AND/OR BY USING THE HOT TUB OR SAUNA FACILITIES, GUEST HEREBY ACKNOWLEDGES AND CONFIRMS THAT:
- Guest has carefully read this entire Agreement and fully understands its contents and legal consequences.
- Guest voluntarily agrees to all terms, conditions, and provisions contained herein.
- Guest understands that by agreeing to this Agreement, Guest is GIVING UP SUBSTANTIAL LEGAL RIGHTS, including but not limited to the right to sue Wildcreek Glamping for injuries, illness, death, or property damage.
- Guest has not been coerced, pressured, or unduly influenced into agreeing to this Agreement.
- Guest has had the opportunity to consult with legal counsel before agreeing to this Agreement.
- Guest agrees to this Agreement on behalf of themselves and all members of their party, including any minors for whom Guest is the parent or legal guardian.
- This Agreement shall remain in effect for the entirety of Guest's stay and any subsequent stays at Wildcreek Glamping.
Questions?
If you have any questions about this Agreement, please contact us at bookings@wildcreekglamping.com or call 646-801-9338 before using the facilities.