PALYUL LING INTERNATIONAL / PALYUL RETREAT CENTER
PARTICIPANT AGREEMENT AND RETREAT ACKNOWLEDGMENT
Including Assumption of Risk, Release of Liability, Agreement Not to Sue, Indemnification, and Media Release
Important Notice
This Participant Agreement and Retreat Acknowledgment includes an assumption of risk, release of liability, agreement not to sue, indemnification, and media release. Please read it carefully and in full before signing. By signing below, you acknowledge that you understand this Agreement and voluntarily agree to be legally bound by it to the fullest extent permitted by law.
1. Nature and Purpose of the Center
Palyul Ling International and Palyul Retreat Center, located in McDonough, New York, are religious retreat institutions. The Center exists for religious instruction, Vajrayana Buddhist practice, retreat, prayer, teachings, ceremonies, and related community life according to the ancient traditions of Vajrayana Buddhism.
The Center is not operated as a recreational facility, amusement facility, fitness facility, spa, resort, hotel, campground, ordinary entertainment venue, or commercial recreation provider. Lodging, meals, transportation coordination, volunteer service, cultural programs, community events, and other practical arrangements are provided in support of religious retreat, religious instruction, Buddhist practice, and the functioning of the retreat community. Participants are granted a limited license for temporary use of the Center for these purposes.
By signing this Agreement, I acknowledge that my presence at the Center is connected with religious retreat, religious instruction, Buddhist practice, lodging connected to retreat, meals connected to retreat, volunteer or rota service, community participation, or related support of the Center.
2. Definitions
For purposes of this Agreement:
• "Center" means Palyul Ling International, Palyul Retreat Center, and any related or affiliated Palyul entities, programs, properties, grounds, facilities, events, activities, or operations.
• "Participant" means the person signing this Agreement, and includes any minor child for whom a parent or legal guardian signs.
• "Released Parties" means the Center and all of its current and former directors, officers, lamas, tulkus, khenpos, khenmos, lopons, loponmas, monks, nuns, teachers, instructors, clergy, employees, staff, managers, coordinators, volunteers, interns, residents, retreat staff, work crews, drivers, cooks, translators, medical volunteers, emergency helpers, agents, representatives, contractors, independent contractors, successors, assigns, and any other individuals who provide or attempt to provide assistance, guidance, support, supervision, teaching, services, or help in connection with the Center or its activities.
• "Retreat Activities" include religious instruction, practice sessions, teachings, empowerments, lungs, ritual practice, meditation, chanting, prostrations, yoga, Tsa Lung, silent retreat, ceremonies, prayers, temple activities, cultural programs, community events, lodging, meals, volunteer service, rota duties, work activities, transportation coordination, and any other activities connected with the Center.
3. Assumption of Risk
I understand that participation in retreat and presence at the Center involve risks that cannot be eliminated. I knowingly and voluntarily assume all risks associated with my presence, lodging, participation, service, travel, and activities connected with the Center, whether known or unknown, anticipated or unanticipated.
These risks include, but are not limited to:
• Uneven terrain, steep areas, stairs, gravel, wet grass, mud, ice, snow, roots, rocks, drainage areas, fields, roads, paths, parking areas, darkness, and other natural or rural conditions.
• Ticks, mosquitoes, bees, insects, wildlife, domestic animals, animal or insect bites, allergic reactions, weather, lightning, wind, heat, cold, power outages, and other rural or natural conditions.
• Shared facilities, dormitories, tents, cabins, bathrooms, bathhouses, dining areas, kitchens, temple spaces, classrooms, construction zones, maintenance areas, vehicles, equipment, and other facilities.
• Illness, communicable disease, food-related illness or reaction, fatigue, dehydration, emotional distress, psychological difficulty, personal injury, death, property loss, or property damage.
• Actions, omissions, negligence, or conduct of other participants, visitors, volunteers, residents, staff, teachers, helpers, or third parties.
• Risks connected with religious practice, meditation, chanting, ritual, breathwork, yoga, prostrations, Tsa Lung, silence, intensive retreat conditions, group living, and spiritual instruction.
4. Religious Instruction and Spiritual Practice
I understand that the Center provides religious instruction and practice according to the ancient traditions of Vajrayana Buddhism. These practices may be physically, emotionally, psychologically, or spiritually challenging. They may include meditation, mantra, chanting, teachings, empowerments, lungs, ritual practice, ceremonies, silence, prostrations, yoga, Tsa Lung, prolonged sitting, group discipline, and retreat conduct expectations.
I understand that teachings, practices, ceremonies, guidance, and spiritual instruction are religious in nature. They are not medical, psychological, psychiatric, therapeutic, legal, financial, or professional advice. Participation in retreat is not a substitute for clinical care, mental health care, medical care, or other professional support.
I am responsible for deciding whether I am physically, emotionally, psychologically, and spiritually able to participate. I agree to monitor my own well-being, to stop or reduce participation when needed, to seek help when appropriate, and to consult qualified professionals for medical or psychological concerns.
I understand that participation in retreat does not guarantee any particular spiritual result, realization, personal experience, emotional result, health result, teacher access, schedule, lodging placement, or other outcome.
I release the Released Parties from claims arising from my voluntary participation in religious instruction, practice, silence, retreat discipline, spiritual guidance, rituals, or related activities, to the fullest extent permitted by law.
5. Lodging, Meals, Shared Facilities, and Grounds
I understand that lodging at the Center is rustic and retreat-oriented. Lodging may include dormitories, tents, cabins, shared rooms, shared bathrooms, shared bathhouses, simple furnishings, uneven walking areas, stairs, outdoor paths, variable weather conditions, limited privacy, and facilities that differ from hotels, resorts, or ordinary commercial lodging.
I accept the ordinary risks of shared retreat lodging and facilities, including illness transmission, noise, limited privacy, shared bathrooms, insects, weather exposure, walking between buildings, stairs, limited accessibility, power or water interruptions, and the conduct of other participants or visitors.
I understand that meals are provided in support of retreat. The Center may attempt to accommodate dietary needs when feasible, but cannot guarantee allergen-free food, special diets, uninterrupted meal service, or the absence of cross-contact in shared kitchens or dining facilities.
I agree to follow all lodging, meal, temple, bathroom, quiet-hour, parking, safety, and grounds rules issued by the Center. I understand that room assignments, tent assignments, cabin assignments, facility access, meal arrangements, and schedules may change due to operational, safety, religious, weather, staffing, or emergency needs.
6. Volunteer, Rota, Work, and Service Activities
I understand that retreat life may include volunteer service, rota duties, kitchen assistance, cleaning, setup, takedown, carrying items, moving supplies, parking assistance, translation, office assistance, temple support, grounds support, and other practical service activities. Such activities are part of the religious and community life of the retreat and may be voluntary, assigned, requested, or informally undertaken.
I agree to participate only in tasks that I am physically and practically able to perform safely. I agree to ask for clarification if I do not understand an assignment, to stop if I feel unsafe, and to inform the Center if I am unable to perform a task safely.
I release the Released Parties from claims arising from my voluntary service, rota duties, volunteer work, assigned duties, or assistance to the Center, including good-faith instruction, supervision, non-supervision, coordination, or attempted help by teachers, staff, volunteers, residents, or other helpers, to the fullest extent permitted by law.
7. Teachers, Volunteers, Staff, Residents, and Good-Faith Helpers
I understand and agree that many people at the Center, including lamas, teachers, instructors, clergy, translators, staff, volunteers, interns, residents, cooks, drivers, work crews, medical volunteers, emergency helpers, and other participants, may attempt in good faith to help with safety, logistics, lodging, meals, translation, health-related concerns, emergencies, interpersonal issues, children, transportation, or other practical matters.
I agree not to bring any claim against the Center or against any such individual based on good-faith assistance, attempted assistance, guidance, warning, instruction, referral, supervision, non-supervision, decision-making, or response to a situation, except where such release is not permitted by law.
I intend this Agreement to protect both the Center and the individuals who serve, teach, support, volunteer, work, or help there, to the fullest extent permitted by law.
8. Children and Minors
If I am signing for a minor, I certify that I am the parent or legal guardian of the minor, or that I have legal authority to sign this Agreement on the minor's behalf. I acknowledge that I am responsible for the minor's safety, supervision, conduct, health, medication, and compliance with Center rules.
I understand that the Center is a religious retreat center and does not provide childcare, babysitting, custodial care, medical supervision, school supervision, or individual supervision of minors unless expressly stated in writing for a specific program.
I agree that the minor will follow all Center rules and that I will not leave the minor unsupervised unless the Center has expressly agreed in writing to provide a specific supervised youth activity. I agree to indemnify and hold harmless the Released Parties from claims brought by or on behalf of the minor to the fullest extent permitted by law.
9. Transportation, Vehicles, Parking, and Travel
I understand that the Center is not responsible for my travel to or from the Center, transportation arrangements, rideshares, volunteer drivers, private vehicles, buses, taxis, shuttles, road conditions, parking, loading, unloading, traffic, or travel delays, except where expressly stated in writing.
If I accept a ride from, provide a ride to, or travel with another participant, volunteer, staff member, resident, teacher, helper, or third party, I do so voluntarily and at my own risk. Unless expressly stated in writing, such transportation is not a professional transportation service of the Center.
I release the Released Parties from claims arising from transportation, parking, vehicle use, road conditions, rideshares, volunteer driving, pickup or drop-off assistance, or travel connected with retreat, to the fullest extent permitted by law.
10. Fees, Donations, Paid Participation, and Refund Policies
I understand that payments, fees, deposits, donations, offerings, lodging charges, meal charges, or other amounts paid to the Center support religious retreat, religious instruction, lodging connected to retreat, meals connected to retreat, community operations, and administration. Such payments do not make the Center a recreational facility, amusement facility, fitness facility, spa, resort, hotel, or ordinary commercial entertainment venue.
I agree to follow the Center's written payment, cancellation, donation, offering, lodging, and refund policies, as applicable. I understand that refunds, credits, room changes, schedule changes, teacher changes, and program changes are governed by the Center's written policies and operational needs.
11. Cultural Program, Culture Show, and Community Events
I understand that the retreat may include cultural programs, a culture show, community gatherings, ceremonies, performances, meals, celebrations, or similar events connected with the retreat. I understand that these events are part of the religious, cultural, educational, and community life of the retreat, and are not separate commercial entertainment events.
I voluntarily choose to attend or participate in such events and accept the ordinary risks associated with attendance or participation, including crowding, uneven ground, stairs, weather, sound, movement, seating, walking between locations, food service, and the actions of other attendees.
I release the Released Parties from claims arising from my attendance at or participation in cultural programs, the culture show, community gatherings, ceremonies, performances, meals, or celebrations connected with retreat, to the fullest extent permitted by law.
12. Health, Medical, and Psychological Responsibility
I certify that I am responsible for my own physical, emotional, psychological, and medical condition. I understand that the Center does not guarantee the availability of medical care, psychological care, emergency care, first aid, medications, special accommodations, or individual supervision.
I am responsible for bringing, storing, and taking my own medications; managing my allergies, diet, mobility, sleep, medical needs, and mental health; and seeking professional care when needed. I understand that retreat staff are not necessarily licensed medical or mental health professionals.
Participation in intensive meditation, religious practice, group retreat, silence, ritual, or spiritual instruction may trigger emotional distress, resurfacing of traumatic memories, anxiety, depression, spiritual crisis, or other psychological difficulty. I agree to monitor my own well-being and seek professional help if needed.
In an emergency, I authorize the Center or its helpers to seek emergency medical assistance for me if they believe it is appropriate. I understand that I am solely responsible for any ambulance, transportation, hospital, medical, psychological, or related costs.
13. Rules, Conduct, and Removal from Retreat
I agree to follow all Center rules, policies, schedules, safety instructions, lodging rules, temple rules, quiet hours, class schedules, rota duties, parking rules, and instructions issued by authorized Center personnel.
I agree not to bring unauthorized pets, appliances, weapons, illegal substances, or prohibited items; not to engage in unauthorized commerce; and not to harass, threaten, abuse, endanger, or interfere with other participants, staff, teachers, volunteers, residents, visitors, or the functioning of retreat.
I understand that failure to comply with Center rules or behavior that the Center determines to be unsafe, disruptive, harmful, or inconsistent with retreat may result in removal from the program or property without refund, to the fullest extent permitted by law.
14. Release of Liability, Agreement Not to Sue, and Hold Harmless Agreement
In consideration of being permitted to enter, stay at, participate in, volunteer for, receive assistance from, or otherwise be present at the Center or any related Palyul program, I knowingly and voluntarily release, waive, discharge, agree not to sue, and hold harmless the Released Parties from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses arising out of or related to my presence at, participation in, stay at, travel to or from, or involvement with the Center or its programs, to the fullest extent permitted by law.
This release includes, without limitation, claims arising from personal injury, illness, emotional distress, psychological distress, death, property loss, property damage, accidents, slips and falls, animal or insect bites, food-related illness or reactions, weather, natural conditions, road or path conditions, buildings, stairs, balconies, dormitories, tents, cabins, shared accommodations, retreat activities, volunteer work, physical labor, cleaning, kitchen work, transportation, supervision or lack of supervision, actions of other participants, and assistance, guidance, instruction, advice, intervention, or attempted help provided by any teacher, volunteer, staff member, resident, retreatant, parent, guardian, helper, or other person acting in good faith for the benefit of the Center or its participants.
This release applies to claims brought by me, my heirs, family members, personal representatives, assigns, estate, insurers, or anyone claiming through me, to the fullest extent permitted by law.
15. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any loss, liability, claim, demand, damage, cost, or expense, including reasonable attorneys' fees, arising from or connected with:
• My breach of this Agreement or failure to follow Center rules.
• My conduct, negligence, intentional acts, or omissions.
• Claims brought by or on behalf of a minor for whom I sign.
• Injury, loss, or damage caused by me, my child, my guest, or anyone for whom I am responsible.
• My participation, service, travel, lodging, or presence connected with the Center, to the fullest extent permitted by law.
16. Photo, Video, Audio, Livestream, and Media Release
I understand that photographs, video, audio, livestreams, recordings, or other media may be created during retreat, teachings, ceremonies, cultural programs, community events, or Center activities. I grant the Center permission to use my image, likeness, voice, statements, or participation in such media for religious, educational, archival, informational, fundraising, or promotional purposes, in print or digital formats, without compensation, to the fullest extent permitted by law.
I understand that certain teachings or ceremonies may have separate recording or photography rules, and I agree to follow them. If I have a specific concern about being photographed or recorded, I understand that I must notify the Center in writing, but that the Center cannot guarantee exclusion from all background or crowd images.
17. Force Majeure and Changes in Circumstances
I understand that the Center is not liable for damages, losses, inconvenience, schedule changes, teacher changes, lodging changes, program changes, or refund obligations arising from events outside the Center's control, including but not limited to extreme weather, acts of God, pandemics, communicable disease, government restrictions, fire, flood, natural disasters, road closures, transportation disruptions, utility failures, teacher illness, staff illness, emergency conditions, or other circumstances beyond the Center's reasonable control.
18. Governing Law, Venue, Arbitration, and Class Action Waiver
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any dispute arising from or relating to this Agreement, the Center, or my participation, lodging, service, travel, or presence at the Center shall be brought only in Chenango County, New York, unless otherwise required by law or agreed between all parties.
To the fullest extent permitted by law, any dispute arising from this Agreement shall be resolved through binding arbitration in Chenango County, New York, under the rules of the American Arbitration Association. I waive any right to trial by jury or to bring or participate in a class action claim, to the fullest extent permitted by law.
19. Legal Limits, Severability, and Voluntary Agreement
Nothing in this Agreement is intended to waive claims that cannot legally be waived under applicable law, including claims based on gross negligence, reckless misconduct, willful misconduct, criminal conduct, intentional harm, or any other liability that New York law does not permit to be released in advance.
If any portion of this Agreement is found invalid or unenforceable, the remaining portions shall remain in full force to the fullest extent permitted by law. I agree that this Agreement should be interpreted as broadly as legally permitted while preserving its enforceable portions.
I sign this Agreement voluntarily, with the understanding that it is intended to be a broad assumption of risk, release of liability, agreement not to sue, hold harmless agreement, indemnification agreement, media release, and retreat acknowledgment to the fullest extent permitted by New York law.