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Healing Gardens — Guest Terms of Service & Liability Waiver

Effective Date: June 25, 2026
Last Updated: June 25, 2026

PLEASE READ CAREFULLY. These Guest Terms of Service include a RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, INDEMNIFICATION, and a BINDING ARBITRATION AGREEMENT with a CLASS ACTION WAIVER that affect your legal rights. By booking, paying for, or attending any experience, event, or visit through Healing Gardens, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the waiver and assumption of risk set out in Sections 6 and 7 and the arbitration agreement in Section 16 (which you may opt out of within 30 days). If you do not agree, do not book or attend.

1. Introduction and Acceptance

These Guest Terms of Service (the "Terms") are a binding agreement between you (the "Guest," "you," or "your") and Healing Gardens ("Healing Gardens," "we," "us," or "our"), the operator of an online marketplace that connects guests with independently owned and operated gardens, farms, and outdoor spaces (each, a "Garden" or "Host") that provide private experiences, ticketed events, and venue rentals (each, an "Offering").

By creating an account, booking, purchasing a ticket, or attending an Offering, you agree to these Terms. If you are booking on behalf of others or bringing guests, minors, or invitees, you represent that you have authority to accept these Terms on their behalf and that you are responsible for ensuring they comply with them.

2. Healing Gardens Is a Platform, Not the Host

Healing Gardens operates a marketplace platform only. Each Garden is independently owned and operated by a Host who is solely responsible for its premises, conditions, staff, animals, plants, equipment, and the planning and delivery of its Offerings. Healing Gardens does not own, manage, control, inspect, or supervise any Garden, and does not provide the Offerings themselves.

Hosts are independent third parties and are not employees, agents, partners, or representatives of Healing Gardens. Healing Gardens does not guarantee the condition, safety, quality, legality, or suitability of any Garden, Offering, or service provided by a Host.

3. Bookings, Payments, and Cancellations

Booking. A booking is confirmed when payment is processed and you receive confirmation. You agree to provide accurate information and to pay all applicable fees, taxes, and charges.

Pricing and Fees. Prices are set by the Host or by Healing Gardens and may include a service fee. All fees are disclosed before you complete your booking.

Cancellations and Refunds. Cancellation and refund eligibility depend on the cancellation policy shown on the listing at the time of booking. Healing Gardens may, but is not obligated to, mediate refund disputes. Service fees may be non-refundable.

Changes by the Host. Hosts may cancel or reschedule due to weather, safety, or other conditions. Your remedy in such cases is limited to a refund or rebooking as described in the applicable cancellation policy.

4. Guest Conduct and Garden Rules

You agree to:

  • Follow all posted rules, signage, and the reasonable instructions of the Host and its staff;
  • Supervise any minors or dependents in your party at all times and never leave a child unattended anywhere in a Garden;
  • Stay within designated areas and refrain from entering restricted or hazardous areas;
  • Not remove, damage, or consume any plant, produce, or property without the Host's express permission;
  • Refrain from disruptive, unsafe, intoxicated, or unlawful behavior; and
  • Leave the Garden in the condition in which you found it.

The Host or Healing Gardens may remove you from a Garden, without refund, for violating these rules or for conduct that threatens the safety of any person, animal, or property.

4.1 Supervision of Children

Gardens are outdoor working environments that contain hazards that can be especially dangerous to children, including ponds and water features, tools and equipment, animals, insects, toxic or irritant plants, uneven terrain, and produce or substances that should not be eaten or touched. You agree that any child in your party must be supervised by a responsible adult at all times and must never be left unattended anywhere in a Garden, including in parking areas, restrooms, or near water. You are solely responsible for the safety, conduct, and supervision of every minor you bring, and you assume all risks on their behalf as described in these Terms.

4.2 Alcohol

Some Offerings and events may serve or permit alcohol. If alcohol is available, you agree that:

  • You and everyone in your party will drink responsibly and in moderation, and will not become intoxicated;
  • No one under the legal drinking age of 21 will consume alcohol, and you will not provide alcohol to any minor;
  • You will not drive or operate any vehicle or equipment while impaired, and you are responsible for arranging safe transportation; and
  • You will comply with all instructions from the Host and its staff regarding alcohol service and consumption.

The Host and its staff may, in their sole discretion, refuse to serve alcohol, stop serving, or remove any guest who appears intoxicated, who provides alcohol to a minor, or whose conduct raises a safety concern, without refund. You are responsible for your own consumption and its consequences, and you assume all risks arising from the consumption of alcohol by you or members of your party, to the fullest extent permitted by law.

5. Your Health and Personal Responsibility

You are responsible for determining whether you and members of your party are physically and medically able to participate in an Offering. Gardens are outdoor working environments that may involve walking, bending, lifting, exposure to the elements, and contact with plants, soil, water, and animals.

You are solely responsible for knowing and disclosing any allergies, sensitivities, or medical conditions, and for carrying any medication (such as epinephrine auto-injectors or inhalers) you may require. Healing Gardens and the Host cannot guarantee an environment free of allergens, insects, pollen, or other naturally occurring substances.

6. Assumption of Risk — Outdoor Environments

You understand that visiting and participating in Offerings at a Garden involves inherent and significant risks because Gardens are natural, outdoor, working environments that cannot be made hazard-free. You knowingly and voluntarily assume all such risks, whether or not specifically described below.

RISKS YOU EXPRESSLY ASSUME INCLUDE, WITHOUT LIMITATION:

  • Uneven or unstable terrain — slips, trips, and falls on dirt, mud, gravel, grass, slopes, steps, rocks, roots, or wet or slippery surfaces;
  • Weather and natural conditions — heat, cold, sun exposure, dehydration, rain, wind, lightning, fog, dust, smoke, poor air quality, and sudden changes in weather;
  • Insects, animals, and wildlife — bites, stings, or allergic reactions from bees, wasps, ants, mosquitoes, spiders, ticks, snakes, rodents, livestock, pets, or other wild or domestic animals;
  • Plants and vegetation — contact with thorns, branches, toxic, poisonous, or irritant plants, pollen, sap, mold, fungi, or other allergens, and any reaction from touching, smelling, or consuming plants or produce;
  • Water features — ponds, streams, irrigation systems, standing water, and the risk of slipping, falling in, or drowning;
  • Tools, equipment, and structures — garden tools, machinery, fences, gates, greenhouses, raised beds, ladders, and other structures or equipment;
  • Soil, compost, fertilizers, and treatments — contact with soil-borne organisms, compost, manure, fertilizers, pesticides, or other amendments;
  • Other guests and third parties — the conduct of other guests, volunteers, or third parties present at the Garden; and
  • Travel and remote conditions — limited cell service, distance from medical facilities, and delays in emergency response.

You acknowledge that these risks may result in property damage, illness, allergic reaction, bodily injury, disability, or death, and that such harm may be caused by the condition of the Garden, the actions or inactions of the Host or its staff, your own actions, or the actions of others. You accept full responsibility for these risks.

7. Services and Activities Provided by the Garden

This waiver and assumption of risk applies to any and all services, instruction, activities, demonstrations, food, beverages, products, materials, equipment, or assistance provided, offered, recommended, or facilitated by a Garden or Host as part of or in connection with an Offering — including but not limited to guided tours, workshops, classes, harvesting or planting activities, animal interactions, tastings, meals, transportation on the premises, and the use of any tools or facilities.

You acknowledge that such services are provided by the Host as an independent operator, that Healing Gardens does not deliver, supervise, or warrant any such service, and that your participation in any service is voluntary and undertaken with full knowledge of the risks described in these Terms.

8. Release and Waiver of Liability

In exchange for being permitted to book, attend, and participate in an Offering, you agree, to the fullest extent permitted by law, to RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS Healing Gardens, the Host and Garden you book with, and each of their respective owners, officers, directors, employees, agents, volunteers, affiliates, and property owners (collectively, the "Released Parties") from any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses (including attorneys' fees) of any kind arising out of or relating to your booking, visit, participation, or use of any Garden, Offering, or service — including any claim based on the ordinary negligence of any Released Party.

This release applies to claims for property damage, personal injury, illness, allergic reaction, emotional distress, and death, whether arising from the risks described above or otherwise.

8.1 Limits of This Release

Nothing in these Terms releases any Released Party from liability for gross negligence, recklessness, willful or intentional misconduct, fraud, or any liability that cannot be waived or limited under applicable law. This release does not apply to any liability arising under California Civil Code provisions that may not be waived. If any portion of this release is found unenforceable, the remaining portions remain in full force and effect, and the release will be enforced to the maximum extent permitted by law.

California Civil Code § 1542 Waiver. You expressly waive the protections of California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You understand the significance of this waiver and assume the risk of claims you do not currently know or suspect to exist.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your breach of these Terms; (b) your conduct or that of anyone in your party, including minors and invitees; (c) your violation of any law or of the rights of any third party; or (d) any damage to the Garden or its property caused by you or your party.

10. Limitation of Liability

To the fullest extent permitted by law, Healing Gardens' total aggregate liability arising out of or relating to these Terms or any Offering will not exceed the total amount you paid to Healing Gardens for the booking giving rise to the claim. To the fullest extent permitted by law, Healing Gardens will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, even if advised of the possibility of such damages.

11. Photography and Media Release

Offerings may be photographed or recorded. Unless you notify the Host in writing before the Offering, you consent to being photographed or recorded and to the use of such images by Healing Gardens and the Host for promotional purposes, without compensation.

12. Minors

If you bring any person under the age of 18 to a Garden, you do so as their parent, legal guardian, or authorized adult. You assume all risks on their behalf, agree to supervise them at all times, and agree that this release, waiver, and assumption of risk applies fully to any claim brought by you or on their behalf, to the fullest extent permitted by law.

13. Privacy and Data

Healing Gardens collects and processes personal information — such as your name, contact details, payment information, and booking history — in order to operate the platform and facilitate your bookings. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the platform, you acknowledge that you have reviewed the Privacy Policy.

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), including rights to know, access, correct, and delete certain personal information, and to opt out of certain sharing of your personal information. The Privacy Policy explains these rights and how to exercise them. Healing Gardens does not sell your personal information for money.

When you book with a Garden, certain information necessary to fulfill your booking (such as your name and party details) may be shared with that Host. Each Host is responsible for its own handling of your information.

14. Modification of These Terms

Healing Gardens may update or modify these Terms from time to time. If we make material changes, we will provide notice by reasonable means, such as by posting the updated Terms on the platform with a revised "Last Updated" date or by sending notice to the email address associated with your account. Changes are effective when posted unless stated otherwise.

Your continued use of the platform, or your booking or attendance at an Offering, after updated Terms take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the platform. The version of these Terms in effect at the time of your booking governs that booking. Any changes to the arbitration agreement in Section 16 will not apply to a Dispute for which notice was given before the change took effect.

15. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Except for disputes subject to arbitration under Section 16, any dispute will be subject to the exclusive jurisdiction of the state and federal courts located in California.

16. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. It requires you and Healing Gardens to resolve most disputes through BINDING INDIVIDUAL ARBITRATION rather than in court, and it WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. You may opt out of this Section within 30 days as described below.

16.1 Agreement to Arbitrate

You and Healing Gardens agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Healing Gardens platform, any Offering, or your relationship with Healing Gardens (a "Dispute") will be resolved by final and binding arbitration on an individual basis, rather than in court, except as set out below. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and evidences a transaction involving interstate commerce.

16.2 Exceptions

This Section does not require arbitration of:

  • Claims that may be brought in small claims court, so long as the matter remains in that court and proceeds on an individual basis;
  • Claims for emergency injunctive relief to prevent imminent harm, misuse of intellectual property, or unauthorized access to the platform; and
  • Any claim or dispute that, as a matter of law, cannot be required to be arbitrated.

16.3 Class Action Waiver

YOU AND HEALING GARDENS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. To the extent any claim cannot be waived as a matter of law (such as certain representative claims under California's Private Attorneys General Act), that claim is severed and stayed pending the outcome of the arbitrable claims, and is not subject to this arbitration agreement.

16.4 Arbitration Procedure

The arbitration will be administered by a recognized arbitration provider, such as JAMS or the American Arbitration Association (AAA), under its rules in effect at the time, as modified by these Terms. The arbitration will take place in the county of your residence or, at your election, by video or telephone, unless the parties agree otherwise. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Allocation of arbitration fees will be governed by the provider's rules and applicable law; where required by law for consumer arbitration, Healing Gardens will bear the costs the law requires it to bear.

16.5 Informal Resolution First

Before initiating arbitration, the party raising a Dispute agrees to first send a written Notice of Dispute describing the claim and the relief sought, and to attempt in good faith to resolve the matter informally for at least 30 days. Notice to Healing Gardens should be sent to support@healinggardens.co.

16.6 Delegation

The arbitrator, and not any court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable — except that a court has authority to decide the enforceability of the Class Action Waiver in Section 16.3.

16.7 Right to Opt Out

You may opt out of this arbitration agreement and class action waiver within 30 days of first accepting these Terms by sending written notice of your decision to opt out to support@healinggardens.co, including your name and the email associated with your account. If you opt out, neither party will be bound by Sections 16.1 through 16.6 with respect to you. Opting out has no effect on any other provision of these Terms. If you do not opt out within 30 days, you agree to be bound by this Section.

16.8 Severability and Survival

If the Class Action Waiver in Section 16.3 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and may proceed in court, while all other claims will continue in arbitration. If any other portion of this Section 16 is found unenforceable, the remainder will continue to apply. This Section survives termination of these Terms and of your relationship with Healing Gardens.

17. General Provisions

By creating an account, booking, or using the platform, you consent to receive communications from Healing Gardens electronically — including these Terms, the Privacy Policy, booking confirmations, receipts, notices, disclosures, and other agreements — by email, by messages within the platform, or by posting on the platform. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that they be in writing, to the fullest extent permitted by law. You are responsible for keeping your contact information current. You may withdraw this consent, but doing so may prevent you from using the platform.

17.2 Notices

Healing Gardens may provide notices to you at the email address associated with your account or by posting on the platform. You may provide notice to Healing Gardens at support@healinggardens.co. Notice is deemed given when sent, in the case of email, or when posted, in the case of the platform.

17.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The invalidity of any provision will not affect the validity of the remainder of these Terms.

17.4 Entire Agreement; No Waiver; Assignment

These Terms, together with the Privacy Policy and any cancellation or other policies referenced in them, constitute the entire agreement between you and Healing Gardens regarding the platform and supersede any prior agreements. Healing Gardens' failure to enforce any provision is not a waiver of its right to do so later. You may not assign or transfer these Terms without Healing Gardens' prior written consent; Healing Gardens may assign these Terms without restriction. These Terms are binding on and benefit the parties and their permitted successors and assigns.

18. Your Acknowledgment and Agreement

BY BOOKING, PAYING FOR, OR ATTENDING AN EXPERIENCE, YOU ACKNOWLEDGE THAT:

  • You have read and understood these Terms, including the assumption of risk in Sections 6 and 7 and the release of liability in Section 8;
  • You are voluntarily assuming all risks of participating, including those described above;
  • You are giving up substantial legal rights, including the right to sue the Released Parties for ordinary negligence and, unless you opt out under Section 16.7, the right to a jury trial and to participate in a class action; and
  • You are at least 18 years old and legally able to enter into this agreement, and you are accepting these Terms on behalf of everyone in your party.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.