Membership Agreement

Gravity Haus Membership Agreement

Last updated: 10.26.2020

1. Acceptance of Terms as Condition for Application for Membership.

• IMPORTANT- IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS GRAVITY HAUS MEMBERSHIP AGREEMENT (“TERMS” or “AGREEMENT”), DO NOT ENTER YOUR INFORMATION TO AGREE TO BECOME A MEMBER OF GRAVITY HAUS AND DO NOT CLICK “BECOME A MEMBER,” “APPLY NOW” OR “CONFIRM.”  YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING “BECOME MEMBER”, “APPLY NOW” OR “CONFIRM”, AND/OR CHECKING THE CHECKBOX TO AGREE TO THIS AGREEMENT, YOU ARE ENTERING INTO AN AGREEMENT WITH GRAVITY HAUS, INC. (“GRAVITY HAUS”) AND INDICATING THAT YOU HAVE READ IN FULL, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT APPLY FOR MEMBERSHIP AND YOU WILL HAVE NO RIGHT TO BE CONSIDERED FOR MEMBERSHIP IN GRAVITY HAUS.

• This Agreement is between Gravity Haus and you, the individual accepting this Agreement, (“You” or “Member”), for Member’s purchase and use of one of the tiers of Gravity Haus Membership that you have selected during your online registration. The services Gravity Haus provides to Members are subject to the terms and conditions set forth in this Agreement.  The term of your Gravity Haus Membership will be the term you have selected during your online registration, and such term, regardless of duration shall be referenced herein as the “Membership Term”. 
• Gravity Haus reserves the right, at its sole discretion, to modify the terms of this Agreement from time to time without prior notice to you, except as may be specifically set forth herein.  If we change the terms of this Agreement, we will publish it on our website with an indication of the date of revision. By continuing to access or use our website, mobile application or services, you are indicating that you agree to be bound by the modified terms of the Agreement.  If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using our website, mobile application and facilities or services. In the event that you make an election to suspend your Member benefits on account of your objection to amendments to this Agreement, you will have no right to a refund of your membership dues attributed to the remainder of your Membership Term and you agree that you shall not make a demand for any such refund and you waive any rights to receive any such refund.
• The Gravity Haus Membership is only available to individuals who are 18 years of age or older. By accepting this Agreement you represent and warrant that you are 18 years of age or older and that the birthdate information that you entered is true and correct.  In the event that Gravity Haus determines that you are not at least 18 years of age, Gravity Haus may immediately cancel your membership without any obligation to refund your membership fees.
• Current Gravity Haus Locations: Gravity Haus Breckenridge and Gravity Haus Vail. While Gravity Haus plans to acquire additional properties that will become part of the Gravity Haus portfolio, Gravity Haus makes no representations or warranties that any additional properties will be added during your Membership Term. By accepting this Agreement, you acknowledge that the Gravity Haus concept is new and that you are making your decision to acquire a membership based solely on the Gravity Haus Breckenridge and Gravity Haus Vail properties and the services to be offered at such locations.

1. Certain Definitions.

• For purposes of this Agreement and your membership, the following terms shall have the meanings as set forth below:
  • “Individual” means a person of at least 18 years of age.
  • “Couple” means two Individuals who are married or similarly cohabitating, but specifically excludes persons living together as roommates.
  • “Family” means an Individual or Couple and their Child(ren)
  • “Minor Child” means one who is under age 18 and is the adopted, biological child or legal ward of the Individual or Couple. A Minor Child also includes Minor Child(ren) between the ages of 18 and 21, who is (are) a full-time student(s), and financially dependent on the Individual or Couple.

2.  Use of Services.

• This Agreement is valid from the date agreed to herein as the Membership start date.
• At the expiration of the Member’s Membership Term, this Agreement will renew automatically for rolling monthly terms thereafter, unless the renewal is canceled by the Member prior to the renewal date.  In the event that membership fees increase, you shall be notified in advance of your renewal of any such increase and unless you notify Gravity Haus of your cancellation, this Agreement shall automatically renew for your rolling monthly terms at the increased price.
• The Member can book overnight stays at any Gravity Haus location (you understand that at this time, Gravity Haus Breckenridge and Gravity Haus Vail are the only two locations) with a 50% discount Sunday-Wednesday and 25% discount Thursday-Saturday only by booking on the www.gravityhaus.com website. Discounts will not be available if you book your reservation on third party booking or aggregation sites. The discounts are applied to the rate as of the date of booking, and there is no guarantee that a lower rate might become available at a later date, as pricing fluctuates regularly based on availability and other factors in our pricing algorithm. In addition, Member understands and agrees that:
  • We may impose a minimum stay policy during certain high demand times of the year.
  • Member can book a maximum of [14] consecutive nights per location in advance; exceptions may apply depending on the location. Extensions are also possible depending on availability.
  • We may impose fees for extra guests.  If you join for a Family membership, we may impose fees for extra guests who are not members of your Family. All extra guests need to be registered prior to check-in and a fee may be charged per guest per night. An extra guest is defined as someone staying in the same room as the Member who is not a member of your Family.
  • Access and/or overnight stays at the Gravity Haus locations will depend on availability and the prices may vary depending on location, season, holidays and weekends.
  • In order to confirm a reservation, full payment may be required. Certain Gravity Haus locations are currently (or may be in the future) managed by a third-party management company, and cancellation fees and change of reservation policies of such management company may apply. When making reservations, you will be presented with the terms and conditions of your reservation and payment and you will be provided with an opportunity to accept such terms and conditions. Gravity Haus will not be liable or responsible for the refund of any reservation fees on account of cancellations at any Gravity Haus location.
  • The Gravity Haus Membership is non-transferable and can only be used by/for the Member or the Member’s Family in the case of a Family Membership.  If your Family includes individuals under the age of 18, such persons must be accompanied by an Individual over the age of 18 at the time of check-in and throughout the duration of your stay at a location.
  • Room discounts for Members may be unavailable during Holiday peak periods including, without limitation,the following: (Christmas Wee,  New Year’s week, President’s Day Week, Spring Break weeks, Memorial Day Weekend, Fourth of July Week, Labor Day Weekend, and Thanksgiving Week)
  • Member acknowledges any unused discounts, perks and offers will not accrue and can only be redeemed by/for the Member.
  • By accepting this agreement Member understands and agrees that Member will pay monthly payments that are non-refundable correlated to the tier of membership you elect.
  • Membership will automatically renew at the end of the initial Membership Term on a rolling monthly basis, subject to Gravity Haus approval.
  • Regardless of whether your membership is cancelled (for any reason) during your Membership Term, you will still be obligated to pay your full applicable membership fee for the remainder of your Membership Term.
  • Member agrees to abide by all Gravity Haus House Rules, Policies and Procedures at all times both during your visits to Gravity Haus locations and while offsite.
• The Membership also includes the following discounts, benefits, and privileges which correlate to the tier of membership you select

3. Image Release

• Member hereby consents and authorizes Gravity Haus to use Member’s likeness in a photograph, video or other digital media (the “Image”) in any and all of Gravity Haus’ publications, including print or web-based publications. Member further irrevocably authorizes Gravity Haus to copy, edit, enhance, crop, exhibit, distribute, publish or otherwise alter any Image for use in Gravity Haus’ publication. Member waives any rights for approval or inspection of any Image used in Gravity Haus’ publications.
• Member acknowledges and agrees that all Images are the property of Gravity Haus.
• Member understands this and agrees to hold Gravity Haus harmless, and hereby releases Gravity Haus, and any of its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, directors, members, managers, representatives, employees, successors and assigns (collectively, with Gravity Haus, the “Gravity Haus Parties”), from any liability or injury of whatever kind resulting from Gravity Haus using an Image.

4.  Privacy

• Gravity Haus is committed to the privacy of our Members. The Gravity Haus Privacy Policy (the “Policy”) applies to personal information that Gravity Haus collects online, in person, over the telephone or otherwise. The Policy can be found here [HERE] and is incorporated into the terms by reference.

5.  Liability Waiver, Exclusion of Incidental, Consequential and Certain Other Damages, Limitation of Damages, and Indemnity.

• Member is responsible for ensuring that the Gravity Haus locations are left in the condition they were in upon arrival. Member shall be liable for any damages caused by any acts and/or omissions (including without limitation failure to timely vacate and check out of the Gravity Haus Location) and also for the acts and omissions of any individuals that Member invites or otherwise allows into the Gravity Haus locations. Member assumes the risk of any harm arising from the use of the Gravity Haus locations or the risk to or from others whom they invite to the Gravity Haus locations. Gravity Haus is not responsible for any accidents, injuries or illness that occurs while on the Gravity Haus locations or the facilities of the accommodation.
• Member also understands that the risks of borrowing any sports gear available at any of the Gravity Haus locations (to include, but not limited to: skis, snowboards, bicycles, kayaks, snowshoes, etc.) are numerous and include, but are not limited to, the following: DEATH, PARALYSIS, HEAD INJURIES, BROKEN BONES, CUTS, SCRAPES, DAMAGE TO, GEAR AND CLOTHING, AND CAUSING DAMAGE TO AND/OR INJURING OTHERS. Member is aware of the risks, dangers, and hazards associated with using any sports gear at the Gravity Haus locations and freely accepts and fully assumes all such risks, dangers and hazards and the possibility of personal injury, death, property damage, and loss of resulting therefrom. If sports gear is damaged or lost, Member will be responsible for fixing the damages or paying for a replacement. Member agrees to hold Gravity Haus harmless, and hereby releases Gravity Haus, and any Gravity Haus Parties, from any liability or injury of whatever kind resulting from Member’s use of any sports gear.
• Member recognizes and understands that the mountains, trails, and rivers next to or part of Gravity Haus locations involve certain risks. Those risks include, but are not limited to, the risk of injury resulting from possible illness and infection and injuries resulting from falling, crashing, swimming, tripping or falling in the water including drowning and death. Member understands this and agrees to hold Gravity Haus harmless, and hereby releases Gravity Haus, and any Gravity Haus Parties, from any liability or injury of whatever kind resulting from Member’s use of or proximity to any mountains, trails or rivers either adjacent to, part of or in proximity to any Gravity Haus location.
• Member recognizes and understands that meeting up with other Members and exploring mountains, trails, rivers or otherwise with other Members in the vicinity of Gravity Haus locations or otherwise as a result of being connected through Gravity Haus involve certain risks. Those risks include, but are not limited to, exploring terrain you may not be accustomed to or experienced enough for, venturing out with third parties of differing technical abilities, the risk of injury resulting from possible illness and infection and injuries resulting from falling, crashing, swimming, tripping or falling in the water or snow, including drowning and death during the exploration of such terrain or with third parties of differing abilities. Member understands this and agrees to hold Gravity Haus harmless, and hereby releases Gravity Haus, and any Gravity Haus Parties, from any liability or injury of whatever kind resulting from Member’s use of the Gravity Haus membership or Member’s meeting with other members related to the Gravity Haus membership, whether such activity is in proximity with or to any mountains, trails or rivers adjacent to, part of or in proximity to any Gravity Haus location.
• Member recognizes and understands using the swimming pools, trampolines and hot tubs at the Gravity Haus locations involves certain risks. Those risks include but are not limited to, the risk of injury resulting from swimming, tripping, landing awkwardly or falling including paralysis, drowning and death. Member understands this and agrees to hold Gravity Haus harmless, and hereby releases Gravity Haus, and any Gravity Haus Parties,  from any liability or injury of whatever kind resulting from Member’s use of any trampolines, pools or hot tubs.
• Limitation of Liability. No Consequential or Indirect Damages. Member agrees that IN NO EVENT SHALL GRAVITY HAUS, OR ANY OF THE GRAVITY HAUS PARTIES, JOINTLY OR INDIVIDUALLY, BE LIABLE UNDER THIS AGREEMENT (OR ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS CONTRACT) TO MEMBER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, LOSS OF PRIVACY, PERSONAL INJURY, BREACH OF DUTY, NEGLIGENCE, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT GRAVITY HAUS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Maximum Liability. IN NO EVENT SHALL GRAVITY HAUS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO GRAVITY HAUS PURSUANT TO THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS LESS.  THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
• Indemnification. Member shall indemnify, hold harmless, and defend Gravity Haus and the Gravity Haus Parties against any and all losses, damages, diminutions in value, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by any of the Gravity Haus Parties and/or awarded against  any of the Gravity Haus Parties in any final action or proceeding of any kind (collectively, “Losses”), arising out of any third-party claim (including any claim by any of Member’s past or present employees) alleging:
  • any negligent act or omission or willful misconduct on the part of the Member while on the premise of any Gravity Haus location or while participating in any Gravity Haus sponsored activity.
  • any bodily injury, death of any person or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Member.

1. Consideration and Rejection of Application; Termination of Membership.

• GRAVITY HAUS IS A MEMBERSHIP BASED ORGANIZATION AND GRAVITY HAUS RESERVES THE RIGHT TO REJECT YOUR APPLICATION FOR ANY REASON IN ITS SOLE AND ABSOLUTE DISCRETION WITHOUT PROVIDING YOU WITH AN EXPLANATION FOR SUCH REJECTION.  NOTWITHSTANDING THE FOREGOING, GRAVITY HAUS WILL NOT REJECT YOUR APPLICATION ON THE BASIS OF RACE, RELIGION, GENDER, DISABILITY, SEXUAL ORIENTATION, ETHNICITY, OR AGE (except for the requirement that you are at least 21 years of age).
• In the course of evaluating your application, Gravity Haus may search for information about you online and on social media that verifies the information that you have provided in your application.  Additionally, Gravity Haus may make inquiries about you to other members of Gravity Haus and/or to other individuals with whom you may have connections based on your social media postings, content, and contacts. You agree that Gravity Haus is entitled to conduct such searches and make such inquiries and that such activities do not constitute a violation of your expectation of privacy or any other rights in any manner.
• Gravity Haus reserves the right to terminate any service at any time.
• Gravity Haus reserves the right to terminate Member’s membership or participation in and use of any services, immediately and without notice, for any failure of Member to comply with this Agreement any Gravity Haus rules, policies or procedures or any conditions of participation in such services.
• Gravity Haus reserves the right to terminate Member’s membership in the event that Gravity Haus, in its sole and absolute discretion, determines that Member’s conduct, whether while participating in Gravity Haus activities or otherwise, and whether or not such actions take place on the premises of Gravity Haus locations, is not consistent with the values, culture or ethos of Gravity Haus.

1. Severability and Force Majeure.

• In the event that any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
• Gravity Haus shall not be liable or responsible to Member, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond Gravity Haus’s control, including, without limitation, the following force majeure events (”Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) epidemics, pandemics, quarantine restrictions or other public health restrictions or advisories; (i) strikes, labor stoppages or slowdowns or other industrial disturbances; and (j) shortage of adequate power or transportation facilities.  Gravity Haus shall not be required to give notice to Member of the occurrence of or commencement of any Force Majeure Events, but Gravity Haus shall use commercially reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Gravity Haus shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

6.  Insurance.

• Gravity Haus strongly suggests that Member carry a Renter’s Insurance and/or Traveler’s insurance policy while using the Gravity Haus locations. BY ACCEPTING THIS CONTRACT ALL MEMBERS ARE AWARE OF THE DANGERS INVOLVED IN TRAVELING TO/FROM GRAVITY HAUS LOCATIONS AND ACCEPT ALL RISKS. Furthermore, all members understand and accept that Gravity Haus does not provide insurance and that no refunds will be given due to your inability to make use of your reservation at any location or your fees for any activity.

7.  Arbitration and Other General Provisions.

• Mandatory Arbitration. Any dispute between the Parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, without limitation, claims for breach of contract, negligence, breach of duty, misrepresentation, fraud and disputes regarding any matter related to this Agreement or your membership shall be submitted to binding arbitration instead of by lawsuit in any court. The Parties shall agree on and appoint one arbitrator to hear and determine the dispute.
   Each party shall bear its own costs, expenses, attorney’s fees and an equal share of the arbitrators’ and administrative fees. The venue for the arbitration and any post-award proceeding to confirm, correct or vacate the award shall be Denver, Colorado, and nowhere else.
   THE PARTIES CONFIRM THAT THEY HAVE READ AND UNDERSTAND THIS PARAGRAPH 7, AND VOLUNTARILY AGREE TO BINDING ARBITRATION. IN DOING SO, COMPANY AND GRAVITY HAUS VOLUNTARILY GIVE UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL BY JUDGE OR JURY, AS WELL AS RIGHTS TO APPEAL.
• Attorney’s Fees. The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement shall be awarded reasonable attorney’s fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.
• Governing Law. All questions with respect to the construction of this agreement, and the rights and liabilities of the Parties to this agreement, shall be governed by the laws of the State of Colorado, without regard to conflicts of law provisions therein, except for any question as to the validity of the Arbitration clause in this Paragraph 7, which shall be governed by the Federal Arbitration Act.
• Nonassignability. Neither this Agreement, nor any interest in this agreement or any Gravity Haus Membership, shall be assignable by the Member without the prior written consent of Gravity Haus.
• Entire Agreement. This Agreement contains the entire agreement of the parties to it, and supersede any prior written or oral agreements between them concerning your membership in this Gravity Haus.  There are no representations, agreements, arrangements, or understandings, oral or written, between and among the parties to this agreement, relating to the subject matter contained in this agreement, which are not fully expressed in it.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF USE AND CONDITIONS CONTAINED IN THIS AGREEMENT AND FURTHER AGREE TO BE BOUND TO THE AGREEMENT REGARDING MY MEMBERSHIP IN GRAVITY HAUS AND USE OF THE ACCOMMODATIONS, FACILITIES AND SERVICES OFFERED BY GRAVITY HAUS.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING “BECOME A MEMBER” AND/OR CHECKING THE CHECKBOX TO AGREE TO THIS MEMBERSHIP AGREEMENT, YOU ARE ENTERING INTO AN AGREEMENT WITH GRAVITY HAUS AND INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN.  IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO APPLY FOR MEMBERSHIP WITH GRAVITY HAUS.