Policies, Waiver, & Terms
Release of Liability & Assumption of Risk Agreement
Release of Liability, Waiver of Indemnity, & Client Assumption of Risk
Required by all participants and/or guests in activities hosted, managed, or advertised by MILLDALE FARM CENTER FOR WELLNESS PLC (“The Host“) or on “The Premises” in conjunction with any other entity or individual; named or unnamed.
By accepting this waiver via electronic signature, you ("The Client") make it clear and binding that you understand and agree to the following:
- Any type of yoga or physical activity such as one offered by “The Host” requires physical exertion that may be strenuous and may cause physical injury. I ("The Client") am fully aware of the risks and hazards involved.
- It is my ("The Client"'s) responsibility to consult with a physician prior to participating in any yoga class, workshop, event, service, program, retreat, activity, or experience ("Offering") sponsored, hosted, managed, contributed to, or advertised by “The Host” and its representatives, facilitators, instructors, staff, or partners ("Team") and at any studio, space, or business ("Location") where said "Offering" is taking place, including the parking facilities, walkways, pasture, land, field, streams and structures provided by or adjacent to the "Location", wherever located (“Off Premises”), and whether that be in-person or online.
- I ("The Client") represent and warrant that I am physically fit and have no psychological, medical or emotional condition that would prevent me from safe participation in any yoga class, workshop, or experience at the "Location" or "Off Premises".
- I ("The Client") understand that instructors may provide physical adjustments during an "Offering". It is my responsibility to verbally inform the instructor prior to any "Offering" if I do not want or cannot have such physical adjustments. It is also my responsibility to verbally inform the instructor when an adjustment has gone as far as I desire at that time.
- I ("The Client") release and discharge “The Host“, its past and present directors, and the past and present instructors, independent contractors, adjusters, employees, staff volunteers, heirs, successors, assigns and all other parties related to the "Location" and "Off Premises", including but not limited to Schweitzer Family LLC, Vermont Be True Yoga LLC, Vermont Be True 501c3, and Open Acres Ranch (“Released Parties”) from any and all liability, claims, demands or actions that I may have resulting from injury, death or damages arising from my participation in an "Offering" at the "Location" or "Off Premises", whether in-person or online, including loss that may be caused by the negligence of any "Released Party".
- I ("The Client") release and discharge the "Released Parties" from any and all liability, claims, demands or actions that I may have related to the loss, theft or damage of any of my personal property from the "Location" or "Off Premises".
- I also agree that this release and waiver of liability agreement (“Agreement”) shall be governed by the laws of the State of Vermont. If any conflict arises between me and a Related Party that cannot be resolved informally, I agree to first mediate the dispute, with a mutually agreed upon mediator in Fairlee, VT, with both parties sharing equally the fees paid to said mediator. If mediation fails to resolve the dispute, I agree that the matter will be submitted to binding arbitration in Orange County, VT, before a mutually agreed upon arbitrator, with the prevailing party responsible for payment of all fees to said arbitrator.
- I recognize that this "Agreement" is a legal contract and understand that I am giving up substantial rights, including the right to sue in a court of law. I also acknowledge and agree that this "Agreement" applies to all claims, losses, damages and causes of action, of whatever nature, whether these claims, damages or losses are known or unknown, foreseen or unforeseen or patent or latent, which I may have against any and all "Released Parties".
Addendum to Waiver
- The terms and conditions of the attached Release are incorporated by reference and made a part hereof as if set forth in full.
- ”The Host” has put in place preventative measures to reduce the spread of COVID-19; however, neither party can guarantee that you or anyone participating in the Program will not become infected with COVID-19. By signing this addendum, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by your participation in “the Offering”.
- You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself. On your behalf, and on behalf of your successors and assigns, you hereby release, discharge, and hold harmless The Released Parties of and from any claims relating to Covid-19.
Consent to the Terms
- You agree that by accepting this release and registering for any "Offering" or visiting the property as a “Guest”, you are consenting to the use of your registration information, including your name and email address, as a legally acceptable and binding electronic signature under the Vermont Uniform Electronic Transactions Act (UETA) and the federal Electronic Signatures in the Global and National Commerce (ESIGN) Act.
- You have the right to request a copy of this release at anytime by writing to the address below. You acknowledge your right to request to sign a paper waiver in-person. You also acknowledge that your request for a paper waiver may delay your entry into any "Offering" for which you may have registered. No entry is granted without a signed (electronically or otherwise) release on file prior to the start time of any "Offering".
- I have read this "Agreement" and fully understand its content and meaning, and sign it of my own free will at the time and place of my registration for any "Offering", electronically or otherwise .
- I am over the age of 18.
Financial Policy
- Payment and Packages:
Payment for goods and services will be made in full at the time of registration or checkout. No extensions for payment will be granted.
Payment can be made via credit card, debit card, Venmo, personal check (with valid I.D.), or cash.
Rates are as displayed or communicated at the time of booking and can change at any time at the discretion of the “Director”.
Payments & deposits for goods or services are non-transferrable, meaning they belong solely to the person in whose name they were purchased and cannot be shared between the purchaser and another party, friend, or family member.
Deposits are non-refundable (see the Refunds section for more details).
- Refunds:
Refunds for goods and services will be issued at the discretion of ("the Director").
No refunds will be issued for: services for which the registered client did not attend without prior notice; any services fully rendered or participated in by the client but which did not satisfy the client; classes, activities, or events canceled due to weather; goods that have been used or damaged beyond resale.
A credit or exchange of item may be issued for: classes canceled due to extenuating circumstances on the part of The Host or its facilitators; services not rendered / classes not taken by the client with notice in writing prior to the start time of the service; goods damaged prior to sale.
A refund may be issued for: services canceled due to extenuating circumstances on the part of The Host or its facilitators; services or goods in the case of personal loss, injury, or insult.
- Cancellations & Rescheduling
Services canceled by The Host, its facilitators, or affiliates will be communicated immediately to all registered clients via email. Depending on the circumstance as described in the section titled "Refunds," a credit or refund may be issued, at the discretion of "the Director."
Clients who wish to cancel or reschedule their registration for any service must do so prior to the start time of said service by modifying their registration via the booking confirmation they received via email or by writing to [milldalefarmwellness@gmail.com][0] with a clear description of their need and the details of the service to which they are referring, unless said booking was made through HipCamp or AirBnB, in which case the Client must refer to those services for cancelation and rescheduling policies.
Clients who do not cancel or reschedule their registration will forfeit their fee.
By using this website to register and/or make payments for goods and/or services, you agreed to the preceding terms of this financial policy
Terms & Conditions of Use
- Terms:
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
- Use License:
Permission is granted to temporarily download one copy of the materials (information or software) on the websites owned or controlled by MILLDALE FARM CENTER FOR WELLNESS PLC (“Milldale Farm”) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Milldale Farm’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Milldale Farm at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Disclaimer:
The materials on Milldale Farm’s website are provided “as is”. Milldale Farm makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Milldale Farm does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
- Limitations:
In no event shall Milldale Farm or its parents, subsidiaries or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Milldale Farm’s websites, even if Milldale Farm or a Milldale Farm authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Revisions and Errata:
The materials appearing on Milldale Farm’s website could include technical, typographical, or photographic errors. Milldale Farm does not warrant that any of the materials on its websites are accurate, complete, or current. Milldale Farm may make changes to the materials contained on its websites at any time without notice. Milldale Farm does not, however, make any commitment to update the materials.
- Links:
Milldale Farm has not reviewed all of the sites linked to its websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Milldale Farm of the site. Use of any such linked website is at the user’s own risk.
- Site Terms of Use Modifications:
Milldale Farm may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
- Governing Law:
Any claim relating to Milldale Farm website shall be governed by the laws of the State of Vermont without regard to its conflict of law provisions.
- Privacy Policy:
Your privacy is very important to us. Accordingly, we have developed a privacy policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. Please review our privacy policy carefully.
Privacy Policy
- Overview:
This privacy policy (“Privacy Policy“) sets out the privacy policies and practices for MILLDALE FARM CENTER FOR WELLNESS PLC and its subsidiaries and affiliates (collectively “Milldale Farm“) with respect to how Milldale Farm collects your personal information. It also describes how Milldale Farm maintains, uses, and discloses personal information.
This Privacy Policy applies to information collected from you by Milldale Farm or our affiliates via this website and websites operated or provided by Milldale Farm or our affiliates, including milldalefarmwellness.com and various subdomains, as well as various third-party websites operated or controlled by Milldale Farm, including Squarespace and its integrations for marketing, transactions, scheduling, web hosting, sales (Square), and other SaaS providers (collectively, the “Sites“); our yoga studios (the “Locations”); our festivals and other events (the “Events”); and other places where we may collect personal information. This Privacy Policy also sets out how you can access certain information that Milldale Farm may collect about you.
In this Privacy Policy, “personal information” means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws.
Please note that the Sites may contain links to other third party websites that are not controlled or operated by Milldale Farm. This Privacy Policy does not apply to such third party websites, and Milldale Farm is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore Milldale Farm encourages you to request and review the privacy policies of any third parties upon disclosing your personal information to such parties or when visiting such third party websites.
- Consent:
BY SUBMITTING PERSONAL INFORMATION TO Milldale Farm OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT Milldale Farm MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting Milldale Farm at the address provided below. If you refuse or withdraw your consent, you acknowledge that Milldale Farm may not be able to provide you or continue to provide you with certain services or information that may be of value to you.
- Revisions to This Privacy Policy:
Milldale Farm reserves the right, at Milldale Farm’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. However, Milldale Farm will treat your continued use of the Sites following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. Milldale Farm will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law. This Privacy Policy was last updated May 15, 2018.
- Collection of Your Information:
Milldale Farm may collect personal information in connection with your use or purchase of Milldale Farm’s products and services, including at the Studios, Events or through your use of the Sites, which may include information provided in connection with the following activities:
Registering or filling in forms on the Sites or at our Events or Studios. This includes information you may provide when you request additional information about Milldale Farm’s products and services or sign up to receive Milldale Farm’s email newsletters or coupons.
Your usage of the Sites and your IP address, for the purpose of informing user experience and providing personalised ads.
Completing your user profile on the Sites.
Purchasing any product or service from Milldale Farm through the Sites.
Requesting information or assistance from Milldale Farm. Milldale Farm may keep a copy of any communications or correspondence you may send to it, including any email communications.
Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding Milldale Farms products and services.
Participating in consumer contests, sweepstakes and other promotions. Using other features of the Sites that may be offered from time to time, and may require such information in order to utilize the feature (including but not limited to making a Submission as defined in the Terms of Use).
The personal information that Milldale Farm may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, your submissions of your goals to Milldale Farm, or in other communications to Milldale Farm. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual that is provided by you to Milldale Farm.
Milldale Farm may also collect information that may not be personal information, which may include, but is not limited to, your IP address, the frequency of user visits to the Sites, the routes by which users access the Sites and use of any hyperlinks available on the Sites. Milldale Farm or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and the Sites’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.
- Cookies:
Like many websites, Milldale Farm utilizes “cookies” to maintain a record of your visit to the Sites. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided Milldale Farm with personal information. Cookies help Milldale Farm to improve the Sites and to deliver more personalized service by enabling Milldale Farm to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites. Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Milldale Farm’s cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites.
- IP Addresses:
An IP address is a computer’s numeric address within a network. Milldale Farm may record your IP address when you visit or use services or features on the Sites. Milldale Farm may use your IP address for the purposes noted above, and also to help diagnose problems with Milldale Farm’s server, or to administer the Sites. Milldale Farm may also use your IP address to identify you when Milldale Farm feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, systems, information, employees, service providers, business partners, users, customers and others.
- Protection of Your Information:
To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Milldale Farm uses physical, technological and administrative procedures to protect the personal information that Milldale Farm collects from loss, unauthorized access, modification, disclosure or other misuse.
Nevertheless, Internet transmissions are never completely private or secure. You understand that any messages or information you send to the Sites may be read or intercepted by others. If you have any questions about the security of personal information collected by Milldale Farm, please contact outermostyoga@gmail.com.
Many sections of the Sites are not confidential and are available for public viewing. Any submissions that you may post to any publicly available blogs or other publicly available features of the Sites are not confidential and may be viewed by other users of the Sites. By making personal information publicly available where the Sites allow you to do so, you consent to such publication by Milldale Farm or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.
- Use of Your Personal information:
Upon Milldale Farm’s collection of your personal information, Milldale Farm may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:
To develop, enhance, market, sell or otherwise provide information, products or services; To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with Milldale Farm including at the Studios, on or through the Sites or through the Events; To conduct or administer contests, sweepstakes or other promotions in which you have participated; To contact you and to respond to any communications that you may have had with us; To troubleshoot problems with the Sites; To customize your experience or homepage on the Sites; To develop and manage Milldale Farm’s business and operations; To enforce Milldale Farm’s Terms of Use or comply with this Privacy Policy; To detect and protect Milldale Farm and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Milldale Farm’s policies and contractual obligations; To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Milldale Farm; As permitted by, and to comply with, any legal or regulatory requirements or provisions; or To access, preserve, disclose and use your personal information contained in your account, all Submissions (as defined in the Terms of Use), all communications to and from you, all information relating to your use of the Sites, if Milldale Farm is required to do so by law or legal process or if Milldale Farm determines, in its sole discretion, that such action is necessary to protect the rights of Milldale Farm, third parties, and other users of the Sites or for purposes of responding to your request for customer service. For any other purpose to which you consent. Personal information collected by Milldale Farm may be transferred to, stored and processed in the United States. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.
- Disclosure of Your Information:
Milldale Farm may disclose your personal information to its subsidiaries or affiliates and to third parties whom Milldale Farm hires to provide services on Milldale Farm’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about Milldale Farm’s products and services. These subsidiaries, affiliates and third parties may be located overseas. Milldale Farm will only provide those third parties with the personal information that they need to deliver the services to Milldale Farm and/or on Milldale Farm’s behalf.
In the event that Milldale Farm is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Milldale Farm, you consent to your personal information and any other information Milldale Farm may have collected being transferred to another party in connection with such transaction. You also consent to Milldale Farm disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Milldale Farm’s business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.
- Retention of Your Personal information:
The personal information that you provide will be retained by Milldale Farm in accordance with applicable laws. However, Milldale Farm will destroy or permanently de-identify personal information it holds if requested by you.
- Children’s Privacy:
Milldale Farm recognizes the privacy interests of children and Milldale Farm encourages parents and guardians to take an active role in their children’s online activities and interests. The Sites are not intended for children under the age of 18. Milldale Farm does not target its services or the Sites to children under 18. Milldale Farm does not knowingly collect personal information from children under the age of 18.
- Choice and Opt-Out Preferences:
Milldale Farm collects the following information via first party cookies: IP address and website usage; in the case of one-on-one marketing promotion: your first name, last name, email address, city, country and postal code, obtained at your provision through newsletter subscription opt-in. If at any time you prefer not to receive further email communications from Milldale Farm (except with respect to transactional communications regarding information, products or services specifically purchased or requested by you), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by Milldale Farm. To opt out of receiving behavior-based advertising, please visit Google’s Ads Settings, the DoubleClick opt-out page, Facebook’s Ad Settings manager, and LinkedIn’s Cookie Settings. To opt out of personalized content, please visit MailChimp’s Website Cookies Preferences tool on their Cookies Statement page and Google’s User Privacy Hub.
We and our third party partners may use other technologies from time to time, like web beacons, pixels (or “clear gifs”) and other tracking technologies. While you may not have the ability to specifically reject or disable these tracking technologies, in most instances, these technologies are reliant on cookies to function properly; accordingly, in those instances, declining cookies will impair functioning of these technologies.
- Access and Correction:
Milldale Farm will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date. Upon your written request, subject to certain exceptions, Milldale Farm will inform you of the existence, use and disclosure of your personal information and provide you with a copy of that information. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that Milldale Farm holds about you is not accurate, complete or up to date, you may write to us at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, Milldale Farm will take reasonable steps to correct the information so that it is accurate, complete and up to date.
- Request for Access and Correction, Questions or Comments:
Milldale Farm welcomes questions and comments about this Privacy Policy. Requests for access and correction of your personal information, and questions or comments should be directed to the Milldale Farm at:
Milldale FarmMilldale Farm c/o Wes Wolter 1461 Blood Brook Rd Fairlee VT 05045