BERKSHIRE YOGA FESTIVAL ATTENDEE AND RELEASE AGREEMENT

These terms and conditions (Agreement”) govern your registration for and participation in the Berkshire Yoga Festival which is being held at Jiminy Peak Mountain (“Venue”) on June 11th to the 14th 2026 (“Festival”). In consideration for your participation in the Festival, payment of applicable fees (“Fees”), and access to the Venue, you agree that this is a binding agreement between you and the Festival organizer, Dregs of Wisdom, LLC (“Organizer”). You agree to these terms without modification.

Throughout this agreement, you will be referred to as “Attendee” or “you.” You represent to the Organizer that you are authorized to enter into this Agreement. If you register for the Festival on behalf of an entity, you agree to this Agreement on behalf of that entity and its affliates and represent that you have the authority to do so. In such a case, “you” and “Attendee” will also refer to that entity.

Festival Terms

Attendee Badge Usage. Festival badges or bracelets issued by the Organizer must be worn by you at all times in Festival areas. You agree not to sell, trade, transfer, or share your badge or bracelet. Attendees wearing bracelets or badges from previous Berkshire Yoga Festivals or falsified badges and/or sharing or swapping badges will be immediately ejected from the Festival and banned from future Festivals.

Disruptive Conduct. You acknowledge and agree that the Organizer reserves the right to remove you from the Festival if the Organizer, in its sole discretion, determines that your presence or behavior creates a disruption or hinder the Festival or the enjoyment of the Festival by other attendees. All Festival badges or bracelets are the property of the Organizer and must be returned to the Organizer upon request, and you will not be eligible for a refund of any Fees.

Recordings and User Generated Content. Photography and audio or video recordings may occur at the Festival by or on behalf of the Organizer. You agree that Organizer and its subsidiaries, agents, and assignees may photograph, film, produce, video and/or develop electronic recordings of you, including without limitation, the recording of your voice, use of your personal name, likeness, company name, title, opinions, commentary, and testimonials (collectively “Recordings”). You hereby authorize and grant Organizer an unlimited, worldwide, sublicensable, assignable, fully paid up, royalty free, perpetual license to use, reproduce, distribute, modify, post, publish, copy, store, transmit, create derivative works of, and publicly display these Recordings singularly or in conjunction with other photographs and/or recordings for Organizer’s advertising, publicity, commercial, social media, educational or other business purposes.

You understand that any content you share or create in connection with the Festival or any information you share with Organizer or other participants during such Festival or in any post-Festival surveys or feedback (“User Generated Content”) is not considered confidential, notwithstanding any terms and conditions to the contrary contained in any terms of service, service agreement, or any other nondisclosure agreement and may be publicly shared by the receiving parties. You also hereby give Organizer an unlimited, worldwide, sublicensable, assignable, fully paid up, royalty free, perpetual license to use, reproduce, distribute, modify, post, publish, copy, store, transmit, publicly display, and create derivative works of User Generated Content or feedback you provide in connection with the Festival for Organizer’s advertising, publicity, commercial, social media, or other business purposes.

With the exception of Personal Social Media Content defined below, you are not permitted to record, video, livestream, simultaneously broadcast, sell, copy, share, reproduce, or distribute recordings of Festival presentations, Festival Materials, or information provided in relation to the Festival without the prior written consent of the Organizer. All information learned or observed by you in relation to the Festival, including but not limited to keynote speeches, session presentations, and names or company names of other attendees is for your personal use or for internal business purposes only. Personal Social Media Content means your personal online presence on a social media platform that is not used for professional or business purposes.

You understand that for safety purposes, there are areas of the Venue that are under video and audio surveillance.

Festival Changes. You acknowledge and agree that the Organizer, in its sole discretion, reserves the right to change any and all aspects of the Festival, including but not limited to, the Festival name, themes, content, program, speakers, performers, hosts, or moderators. Any such changes will not give rise to a right to refund any payments made or due for the Festival.

Cancellation or Change of Date or Venue. Organizer expressly reserves the right to cancel or alter scheduled dates for the Festivals, change the location, or substitute speakers for any of our Festivals. Organizer may at any time, with or without giving notice, in its absolute discretion and without giving any reason, cancel your registration or cancel or postpone the Festival, change its venue, Festival program, or any of the other published particulars, or withdraw any invitation to attend. In case of cancellation or postponement of the Festival by Organizer, you will receive a credit for future Festival registration, to be determined at Organizer’s discretion. Should the Festival be postponed or canceled, Organizer is not responsible nor liable for any costs or expenses you may incur due to the postponement or cancellation of the Festival, including but not limited to your travel costs.

Intellectual Property. All intellectual property rights in and to the Festival, the Festival content, and all materials distributed at or in connection with the Festival are owned by Organizer or the Festival sponsors or speakers presenting at the Festival. You may not use or reproduce or allow anyone to use or reproduce any trademarks, Festival content or materials distributed at or in connection with the Festival for any reason without the prior written permission of the Organizer.

Weapons. You agree not to bring a weapon of any kind to the Festival.

Your Health

Medical Evaluation: You attest that you (or any person listed on this Waiver) are medically and physically able to participate in the Festival. If you experience any doubt as to your (or any person listed on this Waiver’s) ability to successfully and safely participate in and/or complete the Festival, you take full responsibility for consulting a physician. You attest that, if you (or any person listed on this Waiver) are pregnant, disabled in any way, or have recently suffered an illness, injury, or impairment, you (or any person listed on this Waiver) should have or did consult a physician prior to participating in the Festival. You consent to emergency medical care and transportation at the Festival in the event of injury to you (or any person listed on this Waiver) as medical professionals may deem appropriate. This Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided at the Festival of an emergency, including, but not limited to, negligent emergency rescue operations.

Personal Data

Any personal data about you that may be collected in connection with the Festival, such as your name and contact details, will be used by the Organizer to administer your attendance at the Festival and for other legitimate business purposes as described in the Organizer’s Privacy Policy. This information may also be shared with selected third parties, including but not limited to our Festival platform provider, payment processor, sponsors, vendors, and other subprocessors, as well as check-in, badging, or mobile apps related to the Festival. We may provide your contact information to Festival Sponsors if (a) you elect to attend any sessions or other activities at the Festival that are hosted by the Festival Sponsors (in which case we would provide your contact information only to the Festival Sponsor involved) or (b) you provide your consent during registration (or otherwise) to receive communications from the Festival Sponsors.

Organizer may also access or disclose your personal data if we believe such action is necessary to (a) comply with the law or legal process served on the Organizer, (b) protect and defend the rights or property of Organizer (including the enforcement of our agreements), or (c) act in urgent circumstances to protect the personal safety of other attendees, Organizer employees, volunteers, contractors or members of the public.

Waiver and Release

General Release. You acknowledge and agree that your attendance and participation in the Festival is voluntary, and you understand the nature of the Festival. To the maximum extent permitted by law, you agree that you solely assume the risks associated with attending and participating in the Festival. You assume full responsibility for all risks of any Losses of any nature, whether to property or person, related to your in-person or virtual attendance at the Festival, and resulting from, arising out of, or in connection with the Festival, including, but not limited to, transportation to, from and during the Festival and participation in group or individual activities during the Festival, engaging in the virtual Festival platform, whether or not Organizer organize such activities. Losses under this Agreement include but are not limited to the following: property damage, severe illness, injury, permanent disability, and death (collectively “Losses”).

You agree to release, waive, hold harmless, discharge and covenant not to sue the Organizer, Jiminy Peak Resort, LLC, Sodexo Live! and their respective employees, officers, managers, parent companies, affiliates, mortgagees, agents and successors in interest (“Releasees”) from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that you might have or acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by you (or any person listed on this Waiver), or to any property belonging to you (or any person listed on this Waiver), while participating in the Festival including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the negligence or carelessness of the Releasees.

You agree to indemnify the Releasees from any and all loss, liabilities and attorney’s fees resulting from any Losses that arise out of your participation in the Festival, use of the equipment at the Venue or any other activities at the Festival or Venue, regardless of how or by whom or by what the Losses were caused, or any subrogation or derivative claims brought by any third party or insurer for any Losses that I may cause.

Physical Activity Release. You understand that the Festival involves strenuous physical activity associated with walking, hiking, yoga, exercise, dancing, meditation, breathwork, riding chair lifts, and/or climbing long distances with steep inclines. You understand that physical activity, by its very nature, carries with it certain inherent risks. You also agree to refrain from reckless conduct that is not consistent with safe and prudent participation in the Festival or violates the Venue’s rules or applicable laws. You assume all risks associated with participating in the Festival, including relating to the risk of strenuous physical activity, tripping, collisions with other participants, falling, uneven or slippery conditions, high elevation, or encounters with plants, insects and animals. You acknowledge that you (or any person listed on this Waiver) may incur minor injuries, major injuries, and catastrophic injuries including paralysis and death. I assume all risks associated with coming into contact with other attendees, sponsors, presenters, vendors, volunteers and Venue staff including, but not limited to, contracting a disease, collisions with other attendees, vehicles, and pedestrians, negligent or wanton acts of other individuals, any defects of conditions of surfaces (including uneven or wet surfaces or gravel), failure of other participants, vehicles, and non-participants to yield or follow common practices or laws, and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity. You assume all risks associated with consuming any food or drink during the Festival. You are solely responsible for any adverse health effects from food or beverage consumption, regardless of any allergy, known or unknown, that you (or any person listed on this Waiver) may have. To the extent that applicable statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Releasees.

Name, Video and Photography Release. You hereby also waive any right to privacy and unconditionally give my permission to allow my name, likeness, or photograph to appear in any Festival promotional literature, which may include, but would not be limited to video, photographs, brochures, flyers, press releases, newspapers, television, or any other electronic media. You also acknowledge that other attendees may submit content or communications in a way that is publicly accessible, and the Organizer cannot predict the content or communications that attendees post. The Organizer makes no representations or warranties, of any kind whatsoever, express or implied, as to the completeness, accuracy, usefulness or timeliness of information presented or shared in relation to any Festival and shall have no liability for any error or omissions. The Organizer assumes no responsibility, and will not be liable for, content submitted by other attendees, Sponsors or Presenters.

User Generated Content Release. You hereby release Organizer and Releasees from all and all known or unknown claims on account of use of the Recordings, User Generated Content, or feedback, or in connection with any other content or information You share in relation to the Festival.

Lost or Stolen Property Release. You agree that the Releasees are not responsible for any personal items or property lost or stolen before, during, or after the Festival.

Liability Waiver. Except as required by law, neither the Organizer nor Releasees shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Festival or other aspect related thereto or in connection with this Agreement. The maximum aggregate liability of the Organizer or Releasees collectively for any claim in any way connected with, or arising from, the Festival or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to the Organizer under this Agreement.

Important notice re COVID-19. The Berkshire Yoga Festival will follow COVID recommendations and mandates in place at the time of the Festival per Berkshire County Health guidelines. Please note any interaction with the general public poses an elevated risk of being exposed to COVID-19 and we cannot guarantee that you will not be exposed while in attendance at the Festival.

Governing Law. You agree that this Agreement will be governed by the laws of Massachusetts. Exclusive jurisdiction and venue for any legal action will be in the Superior Court of Berkshire County, Massachusetts or the federal district courts of the Western District of Massachusetts, and those courts have personal jurisdiction.

I HAVE CAREFULLY READ THIS AGREEMENT, WAIVER, AND RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN THE FESTIVAL AND MYSELF AND I SIGN IT OF MY FREE WILL. I AGREE THAT THIS AGREEMENT IS LEGALLY BINDING ON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS AND WILL BE INTERPRETED TO PROVIDE AS BROAD AND INCLUSIVE A RELEASE OF LIABILITY AS IS LEGALLY PERMISSIBLE BUT IS NOT INTENDED TO ASSERT ANY CLAIMS OR DEFENSES THAT ARE PROHIBITED BY LAW. I UNDERSTAND THAT MY BREACH OF THIS AGREEMENT MAY RESULT IN MY REMOVAL FROM THE FESTIVAL.