Waiver For
Adult Programs

Please carefully review the below waiver. Prior to participation in any adult Forest Therapy program, we must receive confirmation that you have accepted the below terms.

By signing up for and/or attending classes, events, activities, and other programs operated by Treebath, Inc. (“Treebath”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, you acknowledge that outdoor activities in natural areas entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.  You acknowledge that some of these risks cannot be eliminated without jeopardizing the essential qualities of the activity, regardless of the care taken to avoid injuries.  You also acknowledge that the specific risks vary from one activity to another, but may range from: slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; equipment failure; improper lifting or carrying; your own physical condition, and the physical exertion associated with this activity.  You have read and thoroughly understand the instructions that are posted on Treebath’s Website. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff and any park, or other land-use official.

Waiver. In consideration of being allowed to participate in Treebath’s programs, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to Treebath’s programs, (2) release, discharge, protect, defend, indemnify and hold harmless Treebath, its affiliates and related entities, officials, staff, representatives, officers, directors, shareholders, employees, agents, assigns and consultants and each of their respective successors and assigns and all others, from and against, any and all claims, actions, liabilities, damages and expenses (including reasonable attorneys’ fees and court costs) whatsoever to the fullest extent allowed by law, arising out of or in any way related to your participation in Treebath’s programs or use of any Treebath Service, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly participating in any of Treebath’s programs, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Treebath’s programs, and should not be participating.

Arbitration Agreement. You have read and thoroughly understand and agree to be bound by the arbitration agreement ("Arbitration Agreement”) contained in Treebath’s Terms of Use at https://www.tree-bath.com/terms-conditions, which may periodically be updated, and is expressly incorporated herein.  You and Treebath agree to submit any and all Disputes (as defined in the Terms of Use) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of the Arbitration Agreement.

YOU AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES RELATED TO YOUR PARTCIPATION IN A TREEBATH PROGRAM WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THE ARBITRATION AGREEMENT.

Choice of Law.  The Terms are governed by the laws of the State of New York, without regard to New York's choice of law provisions. Except as provided above as to those Disputes you or Treebath submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in New York.

Warranty Disclaimer and Limitation of Liability.  IN NO EVENT SHALL TREEBATH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER EVEN IF TREEBATH WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of Treebath classes, your rights to cancel your purchase of Treebath classes, your registration for classes, your purchase of merchandise, your communication with Treebath, and your use of and attendance at Treebath's classes, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Treebath expressly advised of the possibility of such damage.  All information, goods, services, products and experiences are provided by Treebath on an "as is" basis only. The entire risk as to the quality and performance of any goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. Treebath provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

I understand and agree to all the terms and conditions as stated in the Treebath Terms and Conditions and this Registration Form. Treebath’s Terms and Conditions (i) constitute the full understanding of myself and Treebath; (ii) cannot be modified except in writing signed by an authorized representative of Treebath; and (iii) shall apply to each and every Treebath program I now and in the future, without regard to whether I sign a Registration Form or any other agreement therefore unless, and until such time as, these Treebath Terms and Conditions are modified, and/or are superseded by subsequent terms and conditions, as set forth in writing and signed by an authorized representative of Treebath. I understand and agree that Treebath reserves the right to videotape, photograph and/or otherwise record any of its classes or other events and Treebath may use any such video, photograph or other sound or image in I appear for training, promotional material or advertising purposes, including on the Treebath web site and brochures and that the sole rights to these videos, photographs, images and sounds belong to Treebath