GUEST AGREEMENT, RELEASE AND WAVIER

Please read this Agreement carefully before participating.

This Agreement affects your legal rights. By signing below, you acknowledge that you have read, understood, and voluntarily agree to the terms of this Agreement.

This Guest Agreement, Release and Waiver  ("Agreement") is entered into between ____________________________ ("Guest") and Lovewood LLC, doing business as Buffalo Baths  (“Buffalo Baths,” "Facility," "we," "us," or "our"), including its owners, members, managers, employees, volunteers, contractors, agents, affiliates, successors, and assigns.

In consideration for being permitted to access, enter, or use our property, private soaking tubs, outdoor facilities, amenities, services, and related activities (collectively, the "Facilities"), Guest agrees as follows:

1. Nature of the Experience

Our Facilities are intended to provide a relaxing wellness experience through private outdoor soaking tubs and related amenities.

Our services are recreational only and are not intended to diagnose, treat, cure, or prevent any medical condition. We do not provide medical care, physical therapy, counseling, or other healthcare services. Nothing communicated by our staff should be interpreted as medical advice.

2. Eligibility

Guest represents and warrants that Guest:

  • is at least twenty-one (21) years of age;

  • has the legal capacity to enter into this Agreement;

  • is physically capable of safely participating; and

  • agrees to comply with all posted rules and staff instructions.

No person under twenty-one (21) years of age may use the Facilities.

Facility reserves the right, in its reasonable discretion, to refuse service, reject or restrict a booking, cancel a reservation, deny entry, or discontinue participation at any time, including based on prior conduct, failure to comply with Facility policies, disruptive or inappropriate behavior, safety or security concerns, or other legitimate business reasons. Facility will not exercise this discretion for any reason prohibited by applicable law. 

3. Assumption of Inherent Risks

Guest understands and acknowledges that use of outdoor soaking tubs, hot water immersion, walking on wet surfaces, entering and exiting tubs, and participation in wellness activities involve inherent and unavoidable risks.

These risks include, but are not limited to:

  • slipping, tripping, or falling;

  • drowning;

  • burns or scalding;

  • overheating;

  • dehydration;

  • fainting;

  • dizziness;

  • heat exhaustion;

  • heat stroke;

  • changes in blood pressure;

  • allergic reactions;

  • exposure to essential oils, botanicals, salts, fragrances, cleaning products, and sanitizing chemicals;

  • aggravation of existing medical conditions;

  • injuries caused by weather conditions, including rain, snow, ice, wind, or lightning;

  • injuries resulting from uneven walking surfaces;

  • equipment malfunction despite reasonable maintenance;

  • actions of other guests;

  • emergency medical events, including heart attack, seizure, stroke, respiratory distress, or death.

Guest understands that not every possible risk can be anticipated or listed.

Guest knowingly and voluntarily assumes all known and unknown risks, whether foreseeable or unforeseeable, associated with participation and use of the Facilities.

4. Medical Acknowledgment

Guest acknowledges that hot water immersion may not be appropriate for everyone.

Guest certifies that Guest has independently evaluated their health and ability to participate.

Guest understands that consultation with a physician is recommended before participating if Guest:

  • is pregnant or believes they may be pregnant;

  • has cardiovascular disease;

  • has high or low blood pressure;

  • has diabetes;

  • has epilepsy or seizure disorders;

  • has respiratory illness;

  • has kidney disease;

  • has circulatory disorders;

  • has recently undergone surgery;

  • has implanted medical devices;

  • takes medications that affect heat tolerance, balance, consciousness, or blood pressure; or

  • has any medical condition that could make participation unsafe.

Guest further agrees not to participate if experiencing fever, vomiting, diarrhea, dizziness, contagious illness, open wounds, skin infections, intoxication, or any condition that could create a risk to Guest or others.

Participation is entirely voluntary and undertaken at Guest's sole risk.

5. Alcohol, Cannabis, Tobacco, and Intoxication

Guest may not use the Facilities while visibly intoxicated, visibly impaired, or otherwise under the influence of alcohol, cannabis, illegal drugs, misused prescription medication, or any other substance to a degree that, in Facility's reasonable judgment, affects Guest's judgment, coordination, balance, consciousness, behavior, or ability to safely use the Facilities.

Facility reserves the right, in its reasonable discretion, to deny entry, restrict participation, or immediately terminate a visit if staff reasonably believe Guest is intoxicated, impaired, behaving unsafely, or otherwise presents a safety concern to Guest or others.

Guest is responsible for knowing their own limits, consuming responsibly, and using the Facilities only when they can do so safely. Removal for intoxication, impairment, unsafe behavior, or other safety reasons may occur without refund to the fullest extent permitted by law.

Guest may not use tobacco products on the property or in the Facilities, including cigarettes, cigars, e-cigarettes, vaping products, chewing tobacco, or similar products.

6. Guest Responsibilities

Guest agrees to:

  • follow all posted rules and policies;

  • comply with all staff instructions;

  • use the Facilities in a safe and responsible manner;

  • immediately exit the soaking tub if feeling dizzy, nauseated, weak, overheated, or otherwise uncomfortable;

  • shower before entering soaking tubs;

  • remain adequately hydrated;

  • respect other guests and neighboring properties; and

  • promptly report unsafe conditions to staff.

Guest further agrees not to:

  • run;

  • dive;

  • engage in horseplay;

  • use glass containers;

  • damage property;

  • bring unauthorized bath additives or chemicals;

  • tamper with equipment;

  • create excessive noise;

  • engage in unlawful activity;

  • engage in harassment, discrimination, threatening behavior, or inappropriate sexual conduct.

Violation of these policies may result in immediate removal from the property.

7. Release of Liability

To the fullest extent permitted under Oregon law, Guest voluntarily releases, waives, discharges, and covenants not to sue Facility, together with its owners, members, managers, employees, volunteers, contractors, agents, insurers, affiliates, successors, and assigns, from any and all claims, demands, liabilities, damages, causes of action, judgments, costs, expenses, attorney fees, or losses arising from or relating to Guest's use of the Facilities, including claims arising from the ordinary negligence of Facility.

This release includes, without limitation, claims involving bodily injury, illness, disability, emotional distress, property damage, economic loss, wrongful death, or any other injury arising from participation.

This release does not apply to claims that cannot legally be waived under applicable law, including gross negligence, reckless misconduct, or intentional misconduct where such claims may not be released.

8. Covenant Not to Sue

Guest agrees not to initiate, participate in, or assist with any legal action against Facility for any claim released by this Agreement.

If any released claim is nevertheless brought, Guest agrees that this Agreement may be asserted as a complete defense to the fullest extent permitted by law.

9. Indemnification

Guest agrees to defend, indemnify, and hold harmless Facility from and against any claims, liabilities, damages, judgments, attorney fees, costs, or expenses arising from:

  • Guest's conduct;

  • Guest's violation of this Agreement;

  • damage caused by Guest;

  • injuries caused to third parties by Guest; or

  • claims brought by persons accompanying Guest or arising from Guest's use of the Facilities.

10. Emergency Medical Authorization

Guest understands that the Facility does not provide medical services and that staff are not medical professionals.

If Facility personnel reasonably believe that Guest is experiencing a medical emergency, Guest authorizes Facility to contact emergency medical services, law enforcement, or other emergency responders and to take reasonable steps to protect Guest's health and safety until emergency personnel arrive.

Guest understands that Facility has no obligation to provide medical treatment beyond contacting emergency services and providing reasonable assistance.

Guest accepts full responsibility for all medical expenses, transportation costs, emergency response fees, hospital charges, and related costs arising from any medical emergency.

11. Personal Property

Guest is solely responsible for all personal belongings brought onto the property.

Facility is not responsible for the loss, theft, or damage of clothing, jewelry, electronics, wallets, purses, keys, or any other personal property, regardless of cause, except as otherwise required by applicable law. Facility will make reasonable attempts to store left behind items for a short period of time before being donated or discarded. Facility may, at its discretion, for a fee, and at the expense of the Guest, return left behind items via mail or shipping service. 

Guest is encouraged to leave valuables at home.

12. Damage to Property

Guest agrees to exercise reasonable care while using the Facilities.

Guest accepts responsibility for any damage to the property, equipment, soaking tubs, furnishings, landscaping, or other Facility property caused by Guest's negligent, reckless, intentional, or unauthorized actions.

Guest authorizes Facility to seek reimbursement for repair or replacement costs resulting from such damage.

13. Photography and Privacy

Facility respects the privacy of all guests. Guests may not photograph, record, livestream, or otherwise capture images or audio of other guests without their express permission.

Commercial photography or filming is prohibited without prior written authorization from Facility.

Facility may occasionally photograph, film, or record portions of the property, events, or activities. Facility will not use an identifiable guest’s name, image, likeness, voice, photograph, video, or other recording for advertising, marketing, promotional, or commercial purposes without that guest’s consent or a separate release, except as otherwise permitted by law. 

14. Neighbor and Community Expectations

Facility operates within a residential neighborhood and is committed to being a respectful member of the surrounding community.

Guest agrees to help preserve the peaceful nature of the neighborhood by:

  • speaking quietly while outdoors;

  • respecting neighboring homes and property;

  • following all parking instructions;

  • remaining within designated guest areas;

  • avoiding loud music or amplified sound;

  • abiding by Portland’s noise ordinance requirements

  • refraining from disruptive behavior when arriving or departing; and

  • complying with all posted quiet hours.

Failure to comply with these expectations may result in immediate termination of the visit without refund.

15. Right to Refuse or Terminate Service

Facility reserves the right to refuse service or immediately terminate any reservation or visit if Guest:

  • violates this Agreement or Facility policies;

  • engages in unsafe behavior;

  • appears intoxicated or impaired;

  • threatens the safety or comfort of others;

  • damages property;

  • engages in unlawful conduct; or

  • creates a disturbance affecting neighbors, staff, or other guests.

Termination of a visit under this section may occur without refund to the fullest extent permitted by law and may result in permanent exclusion from Facility at our discretion

16. Reservation Policies

Guest acknowledges that all reservations are subject to Facility's current booking, cancellation, and rescheduling policies.

Guest understands that arrival after the scheduled reservation time may shorten the available experience and may not entitle Guest to additional time or a refund.

Facility reserves the right to modify or cancel reservations when reasonably necessary because of maintenance, weather, safety concerns, emergencies, or circumstances beyond Facility's reasonable control.

17. Force Majeure

Facility shall not be liable for cancellations, interruptions, delays, or closures resulting from circumstances beyond its reasonable control, including but not limited to severe weather, wildfire, smoke, flooding, power outages, utility interruptions, government orders, public health emergencies, equipment failures, labor disruptions, or other unforeseen events.

18. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of laws principles.

Any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Multnomah County, Oregon, unless applicable law requires otherwise.

19. Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and shall be interpreted to fulfill the original intent of the parties as closely as permitted by law.

20. Entire Agreement

This Agreement constitutes the entire agreement between Guest and Facility regarding Guest's use of the Facilities and supersedes all prior oral or written representations, understandings, or agreements relating to the subject matter herein.

No modification of this Agreement shall be effective unless made in writing by Facility.

21. Electronic Signatures

Guest agrees that this Agreement may be executed electronically and that an electronic signature shall have the same legal force and effect as an original handwritten signature.

Guest further acknowledges that checking an electronic acknowledgment box or otherwise electronically indicating acceptance constitutes Guest's legally binding signature.

22. Acknowledgment

  • I have carefully reviewed the health and safety information contained in this Agreement.

  • I am not aware of any current condition that would prevent me from participating consistently with the representations I make in this Agreement.

  • I understand that I am responsible for independently evaluating my health and ability to participate.

  • I understand that information I provide through this Agreement will be handled as described in the Buffalo Baths Privacy Policy.

  • The information I have voluntarily provided through this Intake Form is accurate to the best of my knowledge.

  • At the time of this signing I am at least 21 years old.

By signing below, Guest acknowledges that:

  • Guest has carefully read this entire Agreement.

  • Guest understands the legal rights being waived.

  • Guest has had the opportunity to ask questions before signing.

  • Guest signs this Agreement voluntarily and without coercion.

  • Guest understands that this Agreement is intended to be as broad and inclusive as permitted under Oregon law.