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MEMBERSHIP TERMS & CONDITIONS

Gravity Haus Membership Agreement (Updated July 2023)

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,” “JOIN NOW” OR “CONFIRM.”  YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING “BECOME MEMBER”, “JOIN 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.”  
  • Except as may be specifically set forth herein, 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, provided that any increase in your membership fees will take effect only upon the commencement of your next Renewal Term (as defined below).  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, services, properties or facilities, 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, 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.
  • Gravity Haus has the current locations referenced on the Gravity Haus website (www.gravityhaus.com).  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 Gravity Haus is an expanding concept and that your decision to acquire a membership is based solely on the existing locations and the services to be offered at such locations.

2. 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, their Child(ren), and parents (adoptive or biological) of an Individual.
    • “Child” means one who is the adopted, biological child or legal ward of the Individual or Couple. 

3. Term, Term Renewal and Cancellation

  • This Agreement is valid from the date agreed to herein as the Membership start date.

YOUR MEMBERSHIP IS ON A ROLLING CONTRACT, WHICH WILL AUTOMATICALLY RENEW AT THE END OF THE INITIAL MEMBERSHIP TERM FOR AN ADDITIONAL TERM OF TWELVE MONTHS (EACH TERM A “RENEWAL TERM”).  AT THE EXPIRATION OF YOUR INITIAL MEMBERSHIP TERM AND EACH RENEWAL TERM, THIS AGREEMENT WILL RENEW AUTOMATICALLY FOR AN ADDITIONAL RENEWAL TERM UNLESS THE RENEWAL IS CANCELED BY YOU PRIOR TO THE SCHEDULED RENEWAL DATE.  IN THE EVENT YOU, THE MEMBER, ARE SUBJECT TO A MEMBERSHIP FEES INCREASE, YOU WILL BE NOTIFIED IN WRITING AT LEAST 25 DAYS IN ADVANCE OF YOUR RENEWAL DATE, WHICH NOTICE WILL INCLUDE INFORMATION ABOUT SUCH MEMBERSHIP FEE INCREASE.  UNLESS YOU NOTIFY GRAVITY HAUS OF YOUR CANCELLATION, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW FOR ANOTHER RENEWAL TERM AT THE INCREASED PRICE INDICATED IN THE RENEWAL NOTICE.

  • AT THE END OF YOUR INITIAL MEMBERSHIP TERM AND EACH OF YOUR RENEWAL TERMS, YOU WILL BE NOTIFIED IN WRITING AT LEAST 25 DAYS IN ADVANCE OF YOUR RENEWAL DATE, WHICH NOTICE WILL INCLUDE CANCELLATION INSTRUCTIONS AND INFORMATION ABOUT ANY APPLICABLE MEMBERSHIP FEE INCREASE.  
  • ALL MEMBERSHIP FEES WILL BE CHARGED TO THE MEMBER’S CREDIT CARD, DEBIT CARD, OR OTHER PAYMENT METHOD ON FILE WITH GRAVITY HAUS.  IF ANY REFUNDS OR CHARGEBACKS ARE AGREED UPON BETWEEN YOU AND GRAVITY HAUS WITH RESPECT YOUR MEMBERSHIP OR ARE OTHERWISE DUE HEREUNDER, YOU AUTHORIZE GRAVITY HAUS TO WITHHOLD SIX PERCENT (6%) OF SUCH AMOUNT TO COVER APPLICABLE CREDIT CARD CHARGES AND ADMINISTRATIVE COSTS ASSOCIATED WITH SUCH REFUNDS OR CHARGEBACKS.  
  • ANY CANCELLATION WITH RESPECT TO RENEWAL OF MEMBERSHIP TERM MAY BE ELECTED BY THE MEMBER PURSUANT TO A ONE-STEP ONLINE LINK (THE “CANCELLATION LINK”) THAT SHALL BE LOCATED IN THE ELECTRONIC COMMUNICATION SENT BY GRAVITY HAUS TO THE MEMBER WITH RESPECT TO THE AUTOMATIC RENEWAL REFERENCED ABOVE.  
  • IF YOUR MEMBERSHIP IS CANCELLED AT ANY TIME BEFORE THE EXPIRATION OF YOUR INITIAL MEMBERSHIP TERM OR RENEWAL TERM, YOU ARE STILL REQUIRED TO PAY YOUR FULL MEMBERSHIP FEE FOR THE REMAINDER OF YOUR EXISTING INITIAL MEMBERSHIP TERM OR RENEWAL TERM, AS APPLICABLE.  
  • NOTWITHSTANDING THE RENEWAL AND CANCELLATION TERMS REFERENCED HEREIN, THERE ARE CERTAIN LEGACY MEMBERS WITH MEMBERSHIPS SOLD PRIOR TO APRIL 1, 2023 WHICH ARE MONTH TO MONTH OBLIGATIONS (THE “LEGACY MONTH-TO-MONTH MEMBERS”).  LEGACY MONTH-TO-MONTH MEMBERS WILL BE SENT A CANCELLATION LINK EVERY YEAR AS REFERENCED ABOVE.  IF A LEGACY MONTH-TO-MONTH MEMBERS FAILS TO CANCEL THEIR MEMBERSHIP PURSUANT TO THE CANCELLATION LINK, THEY MAY CANCEL THEIR MEMBERSHIP AT ANY TIME THEREAFTER BY EMAILING MEMBERS@GRAVITYHAUS.COM WITH A CANCELLATION REQUEST.  IF SUCH CANCELLATION REQUEST IS RECEIVED AT LEAST SEVEN BUSINESS DAYS BEFORE THE FIRST OF THE NEXT MONTH, THE CANCELLATION WILL BE EFFECTIVE AS OF THE MONTH IT IS RECEIVED.  OTHERWISE, THE CANCELLATION WILL BE EFFECTIVE AS OF THE END OF THE FOLLOWING MONTH AND THE MEMBER WILL BE CHARGED MEMBERSHIP DUES FOR THE FOLLOWING MONTH.  THIS CANCELLATION RIGHT WILL TERMINATE WITH RESPECT TO ANY LEGACY MONTH-MONTH MEMBER WHEN SUCH MEMBER AGREES TO A NEW ANNUAL COMMITMENT FOR MEMBERSHIP.   
  • Gravity Haus will extend each member a one-time pause in the lifetime of your membership for a maximum period of two months in total. The pause must be used consecutively (for example, you cannot pause April of one year and then April of the next year).  Membership fees will not be charged during such pause.  Extenuating circumstances (such as injury or illness) will be considered on a CASE-BY-CASE basis in the sole and absolute discretion of Gravity Haus, but there is no guarantee of accommodation.
  • By accepting this Agreement, You understand and agree that You will make payments that are non-refundable correlated to the tier of membership You select WHICH INCLUDES A TWELVE-MONTH OBLIGATION TO PAY YOUR RESPECTIVE TIER OF MEMBERSHIP DUES.  
4. Use of Services
  • The Member can book overnight stays at any Gravity Haus location which has lodging available (please consult www.gravityhaus.com for Gravity Haus locations which provide overnight stays) with a 50% discount Sunday-Wednesday and 25% discount Thursday-Saturday, all outside of holiday booking periods.  Inside holiday booking periods, a 15% discount is available every day of the week.  Holiday periods will vary based on each calendar year.   Such discounts are only available by booking on the www.gravityhaus.com website or through the member version of the Gravity Haus mobile application. Discounts will not be available if you book your reservation on third party booking engines 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 not become available at a later date, as pricing fluctuates regularly based on availability and other factors in our pricing algorithm (i.e., Gravity Haus does not guarantee that you will always be paying the lowest rate as of the date of your stay, as advance bookings may require higher rates) .  Member understands and agrees that:
    • We may impose a minimum length of stay at our discretion.
    • 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. 
    • Access and/or overnight stays at the Gravity Haus locations will depend on availability and the prices will 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 which may charge cancellation fees and any other change of reservation policies of such management company will 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 for locations managed by third party management companies.
    • The Gravity Haus Membership can only be used by/for the Member or the Member’s Family in the case of a Family Membership and is otherwise non-transferable.  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 will be reduced to 15% during Holiday peak periods, including, without limitation, the following: (Christmas week, New Year’s week, President’s 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.
    • Member agrees to abide by all Gravity Haus rules, policies and procedures at all times both during your visits to Gravity Haus locations, and use of facilities or services, whether you are onsite or offsite.  Failure to abide by Gravity Haus rules, policies and procedures may result In termination of your membership.
  • Membership also includes the discounts, benefits, and privileges which correlate to the tier of membership you select, as referenced on https://gravityhaus.com/membership/ 
  • ANNUAL BENEFITS FOR “ALL-IN MEMBERS”.   “All-In” Members who are obligated under a twelve-month commitment (specifically excluding Legacy Month-to-Month Members referenced above) shall be granted the following extra benefits in addition to the benefits referenced herein for all members: 
    • $100 Member Birthday Credit.  This credit may be used at any Gravity Haus location for any product or service provided by Gravity Haus, provided that, such credit may only be used within the specific Member’s birthday month.
    • One complimentary night for each year you have been a Gravity Haus “All-In” member.  For example, for the first year of membership, you receive one night and if you renew, in such renewal year, you receive 2 nights.  The complimentary nights have the following conditions:  
      • The night must be used in the year they are earned.  For example, if you receive 2 nights for your second year of membership, you must use those nights before your second year of membership expires.  
      • Complimentary nights are subject to availability at the requested property.
      • Complimentary nights must be used Sunday-Wednesday.
      • Complimentary nights are not redeemable on holidays, blackout dates or between January 1-March 31 annually. 
      • Complimentary nights are not available on any applicable room night valued at the non-member rate of $500 or more per night.
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Membership Perks at Gravity Haus
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1. Our gear subscription gives access to the best brands and the best equipment including skis, snowboards, bikes and more. Usage is restricted to seven 1-day gear rentals each membership year.

2. 50% Off Sun-Wed. 25% Off Thu-Sat. 15% Off Holiday periods.

3. Significant savings in a growing portfolio of partner properties in locations such as: Denver, Crested Butte, Costa Rica, Telluride and Silverton.

4. One complimentary night gifted upon joining to be used in first year of membership. 2 complimentary nights upon renewal. 3 complimentary nights upon second renewal. Annual max of 4. Sun-Wed, non-holiday, blackout dates apply. Value not to exceed $400 per night.

5. Credit can be applied at Slope Room, Cabin Juice, Stella, Wild Pine, White Rabbit Tavern, Terrain Taco, The Boat Tow and all Unravel locations. Must be used within birthday month.

6. Before 3pm at all locations, every visit.

Contact membership@gravityhaus.com to learn more.

5. Image Release
  • Member hereby consents and authorizes Gravity Haus to use Member’s likeness in a photograph, video or other digital and/or social 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’ publications. 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 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 (include injury to reputation) of whatever kind resulting from Gravity Haus using an Image.
6. 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 at https://gravityhaus.com/privacy-policy/ and is incorporated into the terms by reference.
7. 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 each 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 and using any equipment or sports gear available at any of the Gravity Haus locations (to include, but not limited to: skis, snowboards, snowshoes, bicycles, kayaks, paddle boards, camping gear, etc.) are numerous and include, but are not limited to, the following: DEATH, PARALYSIS, HEAD INJURIES, BROKEN BONES, TORN LIGAMENTS OR TENDONS, 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 any financial or other losses 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 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 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 or Member’s invitees 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 or Member’s invitees.
8. 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 18 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 or 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’ reasonable 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 (including occupancy restrictions that may require cancellation of reservations); (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.
9. 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’ reasonable 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 (including occupancy restrictions that may require cancellation of reservations); (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.
10. 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.
11. Arbitration
  • Except as provided below, You and Gravity Haus agree that any cause of action, legal claim, or dispute between You and Gravity Haus arising out of or related to this Agreement or your Membership (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; You may bring a claim only on your own behalf and cannot seek relief that would affect other members of Gravity Haus. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
  • Instead of using arbitration, You or Gravity Haus can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or Gravity Haus appeals a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
  • The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our rules, policies and procedures, or claims by Gravity Haus for indemnification on account of personal injury or damages to our facilities or personal property.  In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
  • This arbitration provision is governed by the Federal Arbitration Act.
  • You can opt out of this provision within 30 days of the date that you agreed to this Agreement. To opt out, You must send your name, residence address, username, email address or phone number You use for your Membership, and a clear statement that You want to opt out of this arbitration agreement, and You must send them here:  Gravity Haus, Inc. ATTN: Arbitration Opt-out, 280 Detroit Street, Denver, CO 80206.
  • Before You commence arbitration of a claim, You must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your membership, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Gravity Haus, Inc., ATTN: Arbitration Filing, 280 Detroit Street, Denver, CO 80206. Before Gravity Haus commences arbitration, we will send You a Notice of Dispute to the email address you use with your Membership, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, You or we may commence arbitration.
  • The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
  • For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the District of Colorado or a state court located in the City and County of Denver, Colorado. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
  • The laws of the State of Colorado, to the extent not preempted by or inconsistent with federal law, will govern this Agreement and any claim, without regard to conflict of law provisions.
  • YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THIS PARAGRAPH 11, AND VOLUNTARILY AGREE TO BINDING ARBITRATION. IN DOING SO, YOU VOLUNTARILY GIVE UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL BY JUDGE OR JURY, AS WELL AS RIGHTS TO APPEAL.
12. General Provisions
  • Entire Agreement. This Agreement contains the entire agreement between You and Gravity Haus and supersede any prior written or oral agreements concerning your membership in Gravity Haus.  There are no representations, agreements, arrangements, or understandings, oral or written, between You and Gravity Haus relating to the subject matter contained in this Agreement, which are not fully expressed in it.
  • Nonassignability. Neither this Agreement, nor any interest in this agreement or any Gravity Haus Membership, shall be assignable by the You without the prior written consent of Gravity Haus.

YOU HEREBY ACKNOWLEDGE THAT YOU 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 YOUR 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.

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