Terms of service.

**The Spa Under the Stars Release of Liability**

**Property Address:** 

24320 Harvey Creek Road, Arlington, WA 98223, USA  

Also addressed as 24320 State Route 9 NE, Arlington, WA 98223, USA

**Hosts:**  

Riya Gupta

For the purposes of this agreement, “Host” refers to The Spa Under The Stars DBA The Zen Den, its owners, agents, contractors, employees, representatives, volunteers, event organizers, and affiliates.

**Guests:**  

The person/customer booking the spa booking ("Guest") and their invitees. The Guest is responsible for ensuring all invitees comply with the terms of this Waiver.

1. Important Notice

If you reside within the European Economic Area (EEA) or Australia, this Guest Release and Waiver does not apply to you. [agree]

2. Terms of Agreement

To book and stay at the rental property provided by the Host(s), you must accept this Guest Release and Waiver. This waiver becomes effective as of the date of your booking. [agree]

Definitions:

For the purposes of this agreement, “Host” refers to The Spa Under The Stars DBA The Zen Den, its owners, agents, contractors, employees, representatives, volunteers, event organizers, and affiliates.

All undefined terms follow the meaning given in the Airbnb Terms of Service or Additional Terms for Hosts.

[agree]

3. Age and Responsibility

You affirm that you are at least 18 years old. If bringing a minor, you assume full responsibility for their supervision and accept this waiver on their behalf. If booking for others, you confirm they’ve read and accepted this waiver, which applies to each guest as though they were the primary Guest.

If the Guest is under 18 years of age, a parent or legal guardian must sign this waiver, assuming full responsibility for the minor.

[agree]

4. Assumption of Risks

You understand the rental property may pose risks, including illness, injury, disability, property damage, or death. These risks may arise from use of amenities, natural surroundings, weather, wildlife, or misuse of facilities.

You acknowledge that risks include, but are not limited to, those associated with:

  • Hot tubs, saunas, and cold plunge use, including risks of overheating, cold shock, fainting, burns, hypothermia, heart complications, or drowning.

  • Spa and wellness features, such as fire pits, propane heaters, candles, incense, or open flames.

  • Events and gatherings, including but not limited to retreats, yoga classes, workshops, and celebrations.

  • Uneven terrain, natural allergens, wildlife, and delayed emergency services due to rural setting.

To the fullest extent permitted by Washington State law, you knowingly and voluntarily assume all risks—known and unknown— including those arising from negligence or equipment defects.

[agree]

5. Release and Waiver of Liability

In consideration of your stay or participation in any event, you hereby release, waive, and discharge the Host from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by you or your property, whether caused by negligence or otherwise.

This release does not apply to liability resulting from gross negligence or intentional misconduct by the Host.


If any part of this waiver is found invalid, the remainder shall remain in full force and effect.

[agree]

6. Indemnification

You agree to indemnify and hold harmless the Host and associated parties from any liability, damages, or legal expenses—including attorney fees—arising from your actions or those of your guests.

[agree]

7. Disclaimer of Warranties

The property is provided “as is” without warranties, express or implied, including those for safety, quiet enjoyment, or fitness for a particular purpose.

[agree]

8. Property Damage & Conduct

You agree to treat the property with respect. You are liable for damages or excessive cleaning caused by you or your guests and authorize the Host to charge your credit card or security deposit.

Smoking is only allowed in designated outdoor areas. A $500+ cleaning fee applies for indoor or unauthorized smoking.

[agree]

9. Use of Amenities (Hot Tub, Cold Plunge, Sauna, Outdoor Shower)

You understand and agree that these amenities are used at your own risk. The Host is not liable for any injury, illness, or death that may occur through use of spa features.

Hot Tub / Sauna / Cold Plunge Safety Rules:

  • Do not use if pregnant, intoxicated, ill, or on medications without medical clearance.

  • Shower before entering. Limit time to 15 minutes.

  • Do not urinate, smoke, bring glassware, or engage in sexual activity in or around the spa features.

  • Max hot tub temp: 104°F. Cold plunge can be as low as 39°F and may cause cold shock.

  • Use caution when entering or exiting to avoid slips.

  • $500 cleaning or damage fee applies for violations.

[agree]

10. Fire Pit Use

Use with caution. Never leave unattended. You are fully responsible for any fire-related damage or injury.

[agree]

11. Parking & Flood Zone Advisory

  • This property is in a flood zone; park only in designated areas.

  • The Host is not responsible for damage, theft, or towing.

  • In case of weather-related issues, you are responsible for arranging alternate lodging.

[agree]

12. Insurance

The Host’s insurance does not cover guest belongings, medical costs, or personal injuries. It is your responsibility to carry renter’s or travel insurance.

[agree]

13. Compliance with Law

You agree to follow all local, state, and federal laws, ordinances, and HOA or noise rules. Failure may result in immediate eviction without refund.

[agree]

14. Property Inspection

Report any pre-existing damage within 24 hours of check-in. Failure to do so may result in you being held liable.

[agree]

15. Events & Gatherings

All events, retreats, parties, and hosted activities must be disclosed and approved in writing by the Host.

  • Host may require an event fee and/or security deposit.

  • Undisclosed gatherings may result in cancellation and loss of payment.

  • Events hosted at the property are attended at your own risk. The Host does not guarantee safety during any hosted event or retreat.

[agree]

16. Waiver of Jury Trial & Class Action

You waive the right to a jury trial and class-action participation. Class-action or collective actions are not permitted. All disputes must be resolved individually through negotiation or mediation.

[agree]

17. Emergency Medical Consent

You authorize the Host or staff to seek emergency medical treatment on your behalf, if necessary, and agree to cover any related costs.

[agree]

18. Privacy Notice

  • We collect contact, booking, and safety-related information.

  • We do not sell your data.

  • You may request correction or deletion of your data.

[agree]

19. No Guarantee of Safety

The Host does not and cannot guarantee your safety or that of your property. By staying, you voluntarily assume all associated risks, including serious injury or death.

[agree]

20. Guest Conduct Requirements

As a Guest, you agree to:

  • Waive and release the Host from any liability (except gross negligence)

  • Indemnify the Host from all claims by you or your guests

  • Follow all posted and written safety rules

  • Use all amenities responsibly and as intended

  • Treat the property, nature, and neighbors with respect

[agree]

21. Emergency Medical Consent

You authorize the Host or emergency personnel to provide or obtain emergency medical treatment if necessary and agree to pay all costs associated with such care.

[agree]

22. Privacy Policy

Information Collected: name, contact info, booking data, social media posts (voluntary), and exterior security footage.

Use of Data: to manage your stay, ensure safety, comply with laws, and improve services.

Data Sharing: never sold; shared only with service providers or as legally required.

Your Rights: you may request access, correction, or deletion of your data.

[agree]

23. Digital Consent & Binding Acknowledgment

You agree that checking in, accessing the property, or submitting this waiver digitally or physically constitutes a legally binding electronic signature under Washington’s Uniform Electronic Transactions Act (UETA) and the federal ESIGN Act.

[agree]

24. Final Affirmation & Signature

By signing below, you affirm that:

  • You have read and fully understood this Guest Release and Waiver

  • You agree to be bound by all its terms

  • If any part of this waiver is deemed unenforceable, the remaining provisions shall remain in full force.

  • You are signing freely, voluntarily, and with legal authority to do so on behalf of yourself and all members of your party

You understand this waiver is intended to be interpreted as broadly as permitted under Washington law and does not waive liability for gross negligence or willful misconduct.

[agree]

✅ 25. Hosted Events, Retreats, and Group Activities Waiver

This waiver also applies to any event, gathering, retreat, party, or group activity that is organized, hosted, or facilitated by The Spa Under The Stars DBA The Zen Den, whether or not overnight lodging is included.

These may include, but are not limited to:

  • Wellness retreats

  • Spa or healing events

  • Yoga, sound baths, or movement classes

  • Private parties, ceremonies, or group workshops

  • Day-use events or group spa bookings

[agree] I understand and accept that I am voluntarily participating in such activities.

Voluntary Participation and Risk Acknowledgment

By participating in any hosted activity, you understand and accept that:

  • Participation is entirely voluntary and involves inherent risks, including but not limited to physical exertion, emotional release, natural hazards, uneven terrain, slippery surfaces, or interaction with water, heat, or cold.

  • You are responsible for determining your fitness or eligibility to participate and for any consequences arising from your physical or mental condition.

  • You assume all risks, including minor injury, serious injury, or death.

Waiver of Liability for Events and Activities

You agree to fully waive and release the Host, including event facilitators, contractors, or collaborators, from any and all claims, demands, damages, or causes of action arising from your participation, to the fullest extent permitted by law.

This includes, but is not limited to:

  • Bodily injury

  • Emotional or psychological harm

  • Damage to or loss of personal property

  • Infections, allergic reactions, or medical episodes

  • Accidents resulting from negligence (but not gross negligence)

[agree] I understand and accept that I waive my right to sue the Host or event facilitators for injuries or damages related to participation.

Media Release for Events

You consent to photography and video recording at such events and authorize the use of non-identifiable images for promotional or documentary purposes, unless you opt out in writing prior to the event.

[agree] I grant permission for photo/video use unless I opt out in writing.

[signature] [date]