GROUP TERMS & CONDITIONS
1. GROUP CONTENT AND PROMOTIONAL CONSIDERATION
The Group represents and warrants that it has obtained all necessary rights, permissions, and licenses to provide any content, such as brochures, collateral, logos, pictures, videos, or music to the Retreat Center for use in conjunction with, or distribution during, the event. Furthermore, the Group agrees to provide promotional materials to the Retreat Center for review and approval before using them in connection with the event, specifically if they refer to any name, service mark, trademark, or logo of the Retreat Center.
The Group also represents and warrants that any activities conducted at the Retreat Center and in connection with the event will not infringe on the patent, copyright, trademark, or violate any rights of privacy or publicity of any third party. The Retreat Center shall not be liable for any damages incurred in connection with the use of any promotional materials by the Group. The Group agrees to indemnify and defend the Retreat Center from any claims or liabilities arising out of the Group's use of the content.
2. CONFIDENTIALITY AND PRIVACY
The terms of this Agreement are the confidential and proprietary information of both the Retreat Center and the Group and are not to be disclosed under any circumstances without the written permission of both parties, unless required by law. Any other information that is designated in writing by a party as “confidential” or “proprietary” shall be held in confidence by the receiving party and not disclosed under any circumstances without the written permission of both parties, unless required by law.
To the extent the Group provides the Retreat Center with any personal information, including the contact information of its members and attendees, for any reason, the Group hereby represents, warrants and covenants that it has obtained all rights, permissions, and authorizations necessary to provide the information to the Retreat Center and to grant the Retreat Center the right to use or release the information in response to inquiries by the Group or in conjunction with the Retreat Center’s performance under this Agreement.
3. PROMOTIONAL DISCOUNTS
It is understood that your group agrees to the rates quoted within this contract. If your group receives or becomes aware of any promo code or offer AFTER the signing of this contract (whether via email, standard mail, or any other means of communication) that allows for or quotes a lower rate than the rates reflected in this document, it is understood that the Retreat Center will not honor such discounts. It is further understood that any offers advertised on third-party reservation platforms or online travel agencies (OTAs) are only valid for individual travel and cannot be applied to group bookings of any kind.
Retreat Center has the right, at its sole cost and expense, to photograph and/or video set-up for the Event. Any and all photographs and videos made or created by Retreat Center at the Event shall be the property of Retreat Center, and may be used and published by Retreat Center in connection with its business and the operation and promotion of the Retreat Center.
Each party will maintain insurance sufficient to cover any claims or liabilities which may reasonably arise out of or relate to its obligations under this Agreement, including but not limited to the event described herein, and will provide evidence of such insurance upon request. If the Retreat Center deems that your event requires additional liability insurance, you agree to obtain and maintain General Liability Insurance with limits of not less than $1,000,000 per occurrence, and/or Accident Insurance covering the event. You also agree to provide the Retreat Center with a Certificate of Insurance naming the Retreat Center as an additional insured by endorsement, with the endorsement attached.
6. COURTEOUS CONDUCT
At the Retreat Center, we strive to create a peaceful and relaxing environment for all guests. As representatives of your group, we ask that you treat fellow guests, Retreat Center staff, and their property with respect and kindness. In addition, we kindly request that you adhere to the following guidelines during your stay:
- Refrain from any violent or disruptive.
- Do not engage in any unlawful activities on the premises.
- Do not bring any hazardous items onto the property.
- Comply with all federal, state, and local laws and regulations.
- Underage guests are prohibited from consuming alcoholic beverages.
Please note that the Retreat Center reserves the right to remove any individual guest or request their removal if they fail to follow these guidelines. Any guest who is asked to leave will forfeit any deposit or payment, and your group will be responsible for any damage or injury caused by that guest.
Each party (“indemnifying party”) agrees to indemnify and hold harmless the other party (“indemnified party”) and indemnified party's shareholders, successors, assigns, employees, agents, managers, members, officers and directors, from and against any and all claims, damages, liabilities, losses, judgments, costs, and attorneys’ fees arising directly out of, or relating to: (i) the indemnifying party’s gross negligence or willful misconduct in engaging in the activities under this agreement, (ii) any failure to perform by the indemnifying party, or any defect in indemnifying party's performance of, its obligations and duties pursuant to this agreement; or (iii) any alleged violation by indemnifying party of any law, statute, regulation or ordinance.
Notwithstanding the foregoing, the indemnified party shall have the right, in its absolute discretion and at its sole cost, to employ attorneys of its own choice and to institute or defend any claim for which the indemnified party has a right to be indemnified.
8. MISCELLANEOUS PROVISIONS
(a) ENTIRE AGREEMENT: This Agreement contains the full and complete understanding of the parties concerning the subjects contained herein and supersedes any and all prior written or oral agreements between the parties and cannot be amended except in writing signed by both parties. For the avoidance of doubt, emails do not constitute signed writing for the purposes of this Agreement, including any emails that may bear an electronic “signature block” identifying the sender.
(b) GOVERNING LAW: Any claim arising out of or relating to this Agreement shall be resolved in an arbitration proceeding in accordance with the rules of the American Arbitration Association in effect for New York, New York. Any such Arbitration proceeding, or hearing shall be held in Kingston, Ulster County, New York. The decision of the arbitrator(s) shall be final and binding on the parties, and specific performance may be ordered by any court of competent jurisdiction. Each of the parties shall bear their respective costs or preparation for and participation in such arbitration proceeding and the costs of arbitrator(s) shall be equally divided between the parties.
(c) Authority: The undersigned parties hereby expressly agree and warrant that they are authorized to sign and enter into this Agreement on behalf of the party for which they sign.
(d) FORCE MAJEURE: The performance of this Agreement by either party is subject to acts of God, government authority, strikes or other labor disturbances, disaster, acts of terrorism or other emergencies. This Agreement may be terminated, or its performance modified or delayed, for any one or more of such reasons by prompt written notice from one party to the other without liability.
(e) NOTICE: Any notice required or permitted under this Agreement must be in writing.
9. CHILDREN POLICY
Parents and guardians are responsible for supervising their children at all times. Children should not be left unattended in guest rooms or anywhere on Retreat Center property. For health and safety reasons, certain areas of the Spa are restricted to children under 18. Additionally, children under 16 must be accompanied by an adult to access the swimming pool. Please note that children under 18 are not allowed in the Fitness Center, Locker Rooms, Saunas, or Jacuzzis.
10. PET POLICY
Pets are not allowed on the premises. However, service animals are permitted as required by the Americans with Disabilities Act (ADA) regulations. It is important to note that emotional support animals, comfort animals, and therapy dogs are not considered service animals under the Title II and Title III of the ADA and therefore not allowed on the property. Any unauthorized animal housing will result in a charge of $150+tax per animal.
Service animals should be harnessed, leashed or tethered, unless such devices interfere with their work or the individual's disability prevents the use of such devices. Guests with service animals are advised to use the grassy area located at the rear of the Retreat Center (outside of the Pacific Ballroom) for animal relief purposes. Animal waste must be properly disposed of in a disposable plastic bag and placed in any of the outside garbage receptacles. It is not allowed to dispose of animal waste inside any building.
As a registered guest, you are responsible for any damage caused by your service animal. Service animals should be up to date on all their shots and free of fleas and ticks.
11. SMOKING POLICY
In accordance with the New York State Clean Indoor Air Act, smoking is prohibited in all public spaces at the Retreat and Conference Center, including conference rooms, lobbies, hallways and entryways. In addition, the Retreat and Conference Center does not allow smoking in any of its guest rooms. Violation of this policy may result in a $250.00 surcharge as well as a fine of up to $1,000.00.