GRAVITY HAUS TERMS & CONDITIONS

Effective Date: July 11, 2024

Acceptance of Terms as Condition for Use of Facilities and Services.

These Gravity Haus Terms & Conditions (“Terms”) are a legal agreement between you (“you”, “your”, “yourself”, or “User”) and Gravity Haus, Inc. and any affiliated entity (“we,” “us,” “our” or “Gravity Haus”) that govern User’s use of the Services and the Facilities. We ask that you take the time to read these Terms carefully. These Terms explain several important things including, for example, how to register for an Account (if applicable) with us and how to keep up to date on these Terms.
IF USER DOES NOT AGREE TO THESE TERMS, THEN USER HAS NO RIGHT TO USE THE SERVICES (WHICH INCLUDES USE OF THE FACILITIES). In addition, you are not authorized to use the Services or the Facilities if you, (a) are not of legal age or otherwise do not have the legal capacity to form a binding contract with Gravity Haus, or (b) are a person barred from using the Services or the Facilities due to prior violations of these Terms. If you are not authorized to use the Services or the Facilities, please do not attempt to use the Services or the Facilities and do not provide us with your name, contact details, or any other information about yourself. You also warrant that you are legally authorized to make use of the Services or the Facilities (including reservations, rentals, and purchases for Services or use of Facilities) for either yourself or for another person for whom you are authorized to act. We may, in our sole and absolute discretion, refuse to allow use of the Services or the Facilities or accept a person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Services or the Facilities for any reason or for no reason, in our sole discretion. If we learn that a person is under eighteen (18) years of age and is not otherwise authorized to use the Services or the Facilities pursuant to separate agreement, we will cancel such person’s Account (if applicable) and all participation in the Services and rights to use the Facilities.
These Terms may change from time-to-time without prior notice to you, and, if they do, the up-to-date version of these Terms will always be available via Terms and Conditions (gravityhaus.com). We will indicate at the top of these Terms when they were last updated. Please ensure that you check these Terms regularly to view any changes that may have been made. Your continued use of the Services or the Facilities after these Terms have changed constitutes your acceptance of such changes. If you do not agree to any revised Terms, your only recourse is to cease using the Services and the Facilities. In the event that you make an election to cease using the Services or the Facilities on account of your objection to amendments to these Terms, you will have no right to a refund of any amounts previously paid and you agree that you shall not make a demand for any such refund and you waive any rights to receive any such refund.
There may be additional terms and conditions (“Additional Terms”) related to your use of the Services or the Facilities, such as those related to the reservation of accommodations, specific terms and conditions for use of co-working spaces, lockers, workout,spa, and recovery facilities, our payment and cancellation policies, the membership terms and conditions applicable to Gravity Haus Members, qualifications on the Gravity Haus website, further terms and conditions in booking engines, event participation terms and conditions, and promotions that we may offer from time-to-time. You must agree to any applicable Additional Terms before using the features of the Services or the Facilities to which they apply. For example, these Additional Terms may include, but are not limited to, your membership agreement (if you are a Gravity Haus Member), the Additional Terms of our WiFi providers, and the Additional Terms of other service providers to our Facilities. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to our Additional Terms, then you may not use the Services or the Facilities to which they relate. If any Additional Terms is inconsistent with the provisions of these Terms, the Additional Terms will prevail for the specific Services or Facilities to which they apply.

Certain Definitions.

For purposes of this Agreement and your membership, the following terms shall have the meanings as set forth below:

“Facility” or “Facilities” mean, any real property location owned, leased, operated, managed or otherwise controlled by Gravity Haus or any Gravity Haus Parties, including, without limitation, any Gravity Haus hotels and properties, parking lots and parking garages associated with Gravity Haus hotels and properties, any Gravity Haus co-working spaces, lockers (including spa, co-working and gear lockers), gyms, spas, or meeting spaces, any Gravity Haus restaurants, cafes or coffee shops, and includes any and all improvements, furniture, fixtures and equipment located within such location, such as, swimming pools, trampolines, hot tubs, steam rooms, salt rooms, saunas, cold plunge pools, fitness equipment, cardio machines, free weights, compression boots, massage equipment, and other recovery tools.
“Gravity Haus Member” means a member in the Gravity Haus membership program, as the same may be amended from time to time, including the employees of Gravity Haus who are also members.
“Gravity Haus Participants” means, collectively Gravity Haus Members, hotel guests of Gravity Haus hotels, participants in Gravity Haus events or experiences, day pass or short-term users of Facilities, or any other user of the Facilities or Services.
“Gravity Haus Parties” means Gravity Haus and its subsidiaries (whether or not wholly owned), affiliates, divisions, independent contractors, vendors, and each of their past, present and future officers, agents, shareholders, directors, members, managers, representatives, employees, successors and assigns.
“User” means, collectively, you, for yourself, and for and on behalf of your minor children and any of your guests or invitees, whether or not your use of the Services or the Facilities is derived from your status as a Gravity Haus Member, a hotel guest, an event or experience participant, a day pass or short-term user, or some other user of the Facilities or Services.
“Services” means, collectively, the User’s use of any of the following: the Facilities; the Gravity Haus website (located at www.gravityhaus.com), any Gravity Haus mobile applications, any use or interaction with any Gravity Haus social media accounts, any Wi-Fi networks or in-room systems run by Gravity Haus or otherwise located at the Facilities, any other channel or mobile feature that Gravity Haus operates, any User booking, purchase, rental, participation, rental or reservation of any Facilities, use of Facilities, or User’s participation in any events, promotions or special programs affiliated with or otherwise operated by or on conjunction with Gravity Haus.

Use of Services.

ACCOUNTS. Access to and use of certain functionalities of the Services or Facilities (including, without limitation, downloading the Gravity Haus mobile application, accessing the Gravity Haus website, attending certain events, and being a Gravity Haus Member) may require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will create a user ID and password to access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services or the Facilities. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services or the Facilities via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at info@gravityhaus.com if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
PERMITTED USE. All information, materials, and other content available through the Services or at the Facilities (collectively, “Content”) is the sole and exclusive property of Gravity Haus or the applicable Gravity Haus Parties, or their respective licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Facilities, and to access, use, view, and print any Content, solely for your personal and internal business purposes. Except for the limited rights set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Services, rights to use the Facilities, or Content. When using the Services or the Facilities, you must not:

decompile, decipher, disassemble, translate, modify, reverse engineer or otherwise attempt to access the source code of the Services, Facilities, or Content, except where permitted by law notwithstanding this limitation;
remove any proprietary notices on the Services, Facilities, or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services, Facilities, or Content;
upload to the Services or Facilities the personal information of others that you are not authorized to provide;
provide any content, data or information to Gravity Haus that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable; use the Services, Facilities, or Content in a way that suggests you are a representative of Gravity Haus;
use the Services, Facilities, or Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Services, Facilities, or Content; infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;
interfere with or disrupt the proper functioning of the Services, Facilities, or Content, Gravity Haus or any third party systems used to host the Services, Facilities, or other equipment or networks at the Facilities, or used to provide the Services or Content;
communicate the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Services or Facilities, or any part thereof;
circumvent the user authentication or security of the Services, Facilities, or any host, network, or account related thereto;
use any application programming interface to access the Services, Facilities, or Content;
make any use of the Services, Facilities, or Content that violates any applicable local, state, national, international or foreign law including United States and foreign export regulations and restrictions;
fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Services, Facilities, or Content;
allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Gravity Haus for someone other than the individual identified in the account information; or
cause damage to Gravity Haus’ business, reputation, employees, members, facilities, or to any other person or legal entity.

Any scraping, automated access, or other unauthorized access to, and storage of, Services, Facilities, or Content will result in immediate termination of your access to the Services, Facilities, Content, and your Account (if applicable). Gravity Haus enforces a zero-tolerance spam policy regarding information transmitted through our network. Gravity Haus may determine in its sole discretion whether any transmissions are considered spam. Spam includes, but is not limited to, the following:

Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, Facilities, or e-mail that advertises any IP address belonging to Gravity Haus or any URL (domain) that is hosted by Gravity Haus.
The use of web pages set up on ISPs that allow spamming that directly or indirectly reference customers to domains or IP addresses hosted by Gravity Haus.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

You agree not to use the Services or Facilities for the purpose of recruiting for another hotel or service that offers competing functionality to the Services or Facilities. Use of the Services, Facilities, or Content for any purpose other than what is described in this Section is prohibited.

PROMOTIONS. From time-to-time, Gravity Haus may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). Promotions may be subject to additional terms and conditions, and by participating in a Promotion you agree to any such terms and conditions. You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM GRAVITY HAUS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotions-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to be bound by our decisions, which are final and binding in all matters relating to the Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted, or taxed.
REVIEWS. Gravity Haus may, from time-to-time, offer areas of the Services or Facilities where you and other users can share ideas, comments, opinions or other information or materials (collectively, “Reviews”). You are responsible for your Reviews. By submitting a Review, you represent and warrant that:

Your Review is true and accurate;
You own or otherwise control all of the rights to your Review, including copyrights and trademarks, necessary to meet your obligations to Gravity Haus under these Terms; and
Your Review does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.

Reviews posted on the Services or the Facilities do not in any way represent the views of Gravity Haus. Positive Reviews of any Facility, venue, restaurant, hotel, museum, or otherwise do not constitute a recommendation, endorsement, or guarantee by Gravity Haus about such venue, and we make no representation as to the quality, accuracy, availability, or otherwise as to such Review. All Reviews are intended to reflect the personal impressions of users in their specific circumstances only, and not a general statement about the benefit of any Service over another. We recommend that you always research travel information from your own independent sources.

GRAVITY HAUS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY REVIEW, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER MATERIALS CONTAINED IN REVIEWS. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FOR YOUR REVIEWS. ALL REVIEWS ARE DEEMED NON-CONFIDENTIAL AND NON-PROPRIETARY.

If we cancel or otherwise disable access to your Account (if applicable), you may be permanently prevented from accessing your Reviews, any or all of which may be deleted by us.

USER FEEDBACK. By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or Facilities or other means, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information of you or any third party; (b) we are not under any obligations of confidentiality with respect to the Feedback; (c) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (d) you are not entitled to any compensation of any kind from us for the Feedback.
LINKS; THIRD PARTIES; NO ENDORSEMENT. The Services or Facilities contain links to other websites, partner properties, and services that we think may interest you, including social media and social networking (collectively, “Linked Services”). Linked Services are not under the control of Gravity Haus, and Gravity Haus is not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. We are not responsible or liable, directly or indirectly, for, (a) the availability of any Linked Service, (b) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from Linked Services, (c) your participation, correspondence, or business dealings with any third party found on or through Linked Services that are solely between you and any such third party, or (d) any damage or loss caused, or alleged to be caused, by or in connection with your interaction with any such third party. Your use of any Linked Services is subject to the policies and procedures of the owner of such Linked Services, and not these Terms. You understand that by using any Linked Services, you may be exposed to content or other materials that are offensive, indecent, defamatory, or otherwise objectionable. The inclusion of a link does not imply endorsement by Gravity Haus of the Linked Services or any association with the operators of the Linked Services. We do not investigate, verify or monitor the Linked Services. We provide links to Linked Services for your convenience only. You access Linked Services at your own risk. We reserve the right to remove any Linked Service or other reference to a third party from the Services or Facilities at any time.
PROPRIETARY RIGHTS. All Content is provided by Gravity Haus or our licensors and is protected by copyright, trademark and other laws of the United States or other jurisdictions. All right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Services, Facilities, and Content are owned by us or our licensors (as applicable), and you have no rights in and to the Services, Facilities, or Content other than as expressly set forth in these Terms. Except for information that is in the public domain and is not otherwise limited by third party rights, or for which you have been given express written permission by us or our licensors, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose. However, you may print copies of materials on the Services or at the Facilities for your personal, noncommercial use only, provided that you must keep intact all copyright, trademark, and other proprietary notices appearing therein and that you do not use such materials for any commercial purpose. You may not use any trademark of any individual or entity in a way that is likely or intended to cause confusion with such trademark holder.
PROPERTY RESERVATIONS. In addition to the other terms and conditions specified in these Terms and in Additional Terms regarding our Services and our Facilities, the following general terms and conditions apply to reservations booked with Gravity Haus:

Cancellation policies and other information about specific room reservations and properties may vary by property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the booking engine utilized for the reservation, once you have entered check-in dates and selected a room type.
For non-US properties, rates confirmed in USD may be converted to local currency by the property at your time of stay, based on the exchange rate used by the property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within our or the property’s control and may impact the amount charged to your credit card.
You may not make reservations or purchases for other purposes, including without limitation for purposes of reselling rooms or reservations, posting, marketing, advertising, or otherwise distributing rooms, reservations, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, or making reservations for commercial purposes (such as reselling rooms).
Reservations made by one or more individuals or by an agency on behalf of one or more proposed guests, and involving more than five (5) rooms at the same property for the same period of stay, must be directly through the property. If more than five (5) rooms at the same property for the same period of stay are booked through any other method, we reserve the right to impose additional requirements on such reservations.
Requests for specific features such as bedding type or non-smoking rooms are simply that, and while most properties will strive to honor your requests, neither we nor the property guarantee that your request will be honored. Some rates have special requirements such as AAA membership or proof of age at check-in. Verify that you qualify for the rate that you have booked. Properties are not obligated to honor this rate if you do not provide proof of qualification at check-in.
Certain hotel properties require chip-enabled payment cards to be used for payment upon booking or at check-in. We reserve the right to use other fraud prevention or security measures, such as requesting for proof of identification at check-in.
The booking website may contain technical inaccuracies and typographical or other errors in connection with information displayed on such website, including without limitation rates, fees, or availability applicable to your transaction. Gravity Haus assumes no responsibility or liability for such errors, inaccuracies or omissions. Gravity Haus shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of reservation.

PETS. While most Gravity Haus Facilities are pet friendly, User may be limited on the size, type and number of pets permitted by a specific Facility and certain areas within a Facility may not permit pets. In addition, certain lodging options managed by Gravity Haus may not permit pets or will have separate regulations related to pets (which shall be Additional Terms, as referenced herein). Please check the specific terms and conditions for the specific location for further information. In addition to any property specific policies, the following shall apply to all pets at all Gravity Haus Facilities:

Gravity Haus reserves the right to remove any pet from the Facilities for any reason. Such removal shall not entitle User to any refund of any pet deposit.
All pets must be well-behaved and not pose a threat to other guests or staff.
All pets must be kept on a leash or in a carrier in all public areas of the Facilities.
No pets shall be left unattended in any hotel room.
Gravity Haus may withhold housekeeping services to any hotel room where a pet is located at its sole discretion.
Excessive noise or disruptive behavior from pets is not allowed. Guests will be notified of any complaints, and repeated disturbances may result in additional charges or the removal of the pet from the Facility.
Pets must be up-to-date on vaccinations and free of any communicable diseases and User must provide Gravity Haus with proof of vaccinations upon request.
User is responsible for any damage or personal injury caused by User’s pets. This includes biting, chewing, scratching, or soiling furniture, carpets, and other Gravity Haus property or guests, and additional cleaning, repair or replacement fees may result.
No Gravity Haus Parties shall be liable for any injury or illness that pets may incur during their stay.

PARKING. Parking facilities vary at each of the Gravity Haus Facilities and certain Gravity Haus Facilities may have limited or no parking facilities available. There is no guarantee that any Gravity Haus Facility will provide parking for User and such parking may not be complimentary. Gravity Haus does not provide any security or surveillance of any parking areas and User agrees that any parking at parking facilities (if available) is at User’s sole risk and expense. The Gravity Haus Parties are not responsible for any loss, theft, or damage to any User vehicles or their contents while at any parking facilities. If the parking areas permit any Electric vehicle (EV) charging stations, such locations are available on a first-come, first-served basis and a fee for use may apply. Gravity Haus reserves the right to refuse parking access to any individual or vehicle at its discretion.
LOCKERS AND WORKSPACES. In the event your use of the Services or Facilities includes utilization of any lockers (whether long term or short term use or whether they are ski lockers, gym lockers, spa lockers, employee lockers or any other type of locker) or dedicated workspace (whether long term or short term use or whether they are phone booths, desks (dedicated or “hot” desks”), offices, or common space) such use of such Facilities shall be subject to the following:

You are not permitted to store any illegal, hazardous, perishable or flammable items in such Facility.
If you are provided with a key or access code for such Facility, you are responsible for keeping the key or access code secure and confidential.
You must not tamper with or disable any security or safety systems within the Facility. Report any security concerns or breaches to us immediately.
You are responsible for securing your personal property within such Facility at all times and none of the Gravity Haus Parties shall be liable for any loss or damage to items stored in such Facility.
You will be held responsible for any damage caused to such locker or workspace beyond normal wear and tear. In the event of damage, repair costs will be charged to you.
Gravity Haus does not provide insurance for items stored in the lockers or workspaces. You are advised to obtain insurance coverage for your belongings as outlined in Section 9 below.
Upon termination or expiration of your use period for any such locker or workspace, you must remove all items and leave the Facility in good condition. Any items left in the Facility after the usage period may be disposed of at Gravity Haus’ sole discretion.

Image Release

Certain Gravity Haus related events at Facilities may, from time to time, be filmed or photographed which may be used for commercial purposes or advertising. User hereby consents and authorizes Gravity Haus to use User’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. User further irrevocably authorizes Gravity Haus to copy, edit, enhance, crop, exhibit, distribute, publish or otherwise alter any Image for use in Gravity Haus’ publications. User waives any rights for approval or inspection of any Image used in Gravity Haus’ publications.
User acknowledges and agrees that all Images are the property of Gravity Haus.
User agrees to hold Gravity Haus harmless, and hereby releases Gravity Haus and the Gravity Haus Parties, from any liability or injury (include injury to reputation) of whatever kind resulting from Gravity Haus using an Image.

Privacy and Pop-Ups.

Gravity Haus is committed to the privacy of all Gravity Haus Participants. The Gravity Haus Privacy Policy (the “Policy”) applies to personal information that Gravity Haus collects online, in person, over the telephone or otherwise. By accessing the Facilities or using the Services, you confirm to us that you have read, understood, and agree to be bound by the Policy located at https://gravityhaus.com/privacy-policy/ and such Policy is incorporated into these Terms by reference and is subject to modification by us from time to time as referenced above.
When using the Services or the Facilities you may occasionally view pop-up notices and advertisements. We use pop-up boxes for many reasons, like competition entry forms and questionnaires to help us improve the Services or the Facilities. Pop-ups that originate from us are clearly marked as coming from Gravity Haus. You might also get pop-up boxes from other Gravity Haus affiliated entities or third parties. We do not endorse any website or product that appears in any pop-ups that do not originate from Gravity Haus. Please review the Policy regarding information that is collected by such third-party pop-ups.

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

DANGERS OF TRAVEL DESTINATIONS. Travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. NEITHER WE, NOR ANY OTHER PROPERTY OWNERS OR PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SERVICES OR FACILITIES REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES OR FACILITIES ARE OFFERED VIA THIS WEBSITE IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATION.

User is responsible for ensuring that the Gravity Haus Facilities are left in the condition they were in upon arrival. User shall be liable for any damages caused by any acts and/or omissions (including without limitation failure to timely vacate and check out of a Gravity Haus accommodation or exit a Facility), any damages caused by pets owned or in the control of User, and also for the acts and omissions of any individuals that User invites or otherwise allows into the Gravity Haus Facilities. User assumes the risk of any harm (whether to person or property) arising from the use of the Gravity Haus Facilities or the risk to or from others whom they invite to the Gravity Haus Facilities. Gravity Haus is not responsible for any accidents, injuries or illness that occurs while on the Gravity Haus Facilities or any damage to personal property of User (or User’s invitees or guests).
User also understands that the risks of borrowing and using any equipment (including any fitness equipment, cardio machines, free weights, or other exercise equipment) or sports gear available at any of the Gravity Haus Facilities (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. User is aware of the risks, dangers, and hazards associated with using any equipment or sports gear at the Gravity Haus Facilities 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 equipment or sports gear is damaged or lost, User will be responsible for fixing the damages or paying for a replacement. User 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 User’s use of any sports gear or equipment.
User recognizes and understands that the mountains, trails, sidewalks, streets, and rivers next to or part of Gravity Haus Facilities 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, slipping, crashing, swimming, tripping or falling in the water or on the ice or snow, including drowning and death. User 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 User’s use of or proximity to any mountains, trails, sidewalks, streets, or rivers either adjacent to, part of or in proximity to any of the Gravity Haus Facilities.
User recognizes and understands that meeting up with other Gravity Haus Participants and exploring mountains, trails, rivers or otherwise with other Gravity Haus Participants in the vicinity of Gravity Haus Facilities 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, personal injury, assault or emotional distress caused directly by such other Gravity Haus Participants, the risk of injury resulting from possible illness and infection and injuries resulting from falling, crashing, swimming, slipping, tripping or falling in the water, ice, or snow, including drowning and death during the exploration of such terrain or with third parties of differing abilities. User 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 User’s use of the Facilities or Services or User’s meeting with other Gravity Haus Participants, whether such activity is in proximity with or to any mountains, trails, sidewalks, streets, or rivers adjacent to, part of or in proximity to any of the Gravity Haus Facilities.
User recognizes and understands using the swimming pools, trampolines, hot tubs, steam rooms, salt rooms, saunas, cold plunge pools, compression boots, massage equipment, and other recovery tools and equipment at the Gravity Haus Facilities 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, risk of disease, infection, dehydration, heart attack, edema, thrombosis, and embolism. User 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 User’s use of any trampolines, pools, hot tubs, steam rooms, salt rooms, saunas, cold plunge pools, compression boots, massage equipment, and other recovery tools and equipment at the Gravity Haus Facilities.
User recognizes and understands that many of the Facilities are pet friendly and interacting with Gravity Haus Participants with pets involves certain risks. Those risks include but are not limited to, the risk of injury resulting from tripping over pets, injuries from animal bites, chewing or scratching, risk of disease and infection. User 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 any animal located at the Facilities, User’s interaction with any such animal or any other damages caused by or as a result of an animal under User’s control or ownership or the control or ownership of any other Gravity Haus Participant.
Regardless of whether or notUser is or has been under medical supervision, has a medical condition, or if User has not exercised regularly in the recent past, each User should obtain a doctor's approval prior to utilizing any fitness equipment, sports gear, recovery facilities or any of the equipment or Facilities referenced above and User understands and agrees that it is User’s sole responsibility to obtain a doctor’s approval, and User holds the Gravity Haus Parties harmless therefore.
Limitation of Liability. No Consequential or Indirect Damages. User agrees that IN NO EVENT SHALL GRAVITY HAUS, OR ANY GRAVITY HAUS PARTIES, JOINTLY OR INDIVIDUALLY, BE LIABLE UNDER THESE TERMS (OR ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE OF THE SERVICES OR FACILITIES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FACILITIES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OR ANY OTHER CONTRACT BETWEEN GRAVITY HAUS AND USER) TO USER 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 THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO GRAVITY HAUS FOR THE SERVICES OR FACILITIES 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. User 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 claim (including any claim by any of User’s past or present employees) arising out of or related to:

any breach of any of User’s representations, warranties, covenants or obligations under these Terms.
any negligent act or omission or willful misconduct on the part of the User or User's invitees while on the premise of any Facilities or while participating in any activity related to the Services or use of the Facilities.
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 User or User's invitees.
any violation by User of any law or regulation.

Notice of Potential Limits of this Section 6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTION 6 HEREOF MAY NOT APPLY TO YOU, BUT IN SUCH A CASE SUCH LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Termination of Services.

Gravity Haus reserves the right to terminate any Services to you or any of your use of the Facilities at any time.
Gravity Haus reserves the right to terminate User’s participation in and use of any Services or the Facilities, immediately and without notice, for any failure of User to comply with these Terms, the Policy, or any Additional Terms.
Gravity Haus reserves the right to terminate User’s use of the Services or Facilities, if, in its sole and absolute discretion, Gravity Haus determines that User’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 Facilities, is not consistent with the values, culture or ethos of Gravity Haus.

Severability and Force Majeure.

In the event that any provision or portion of these Terms are determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of these Terms 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 User, nor be deemed to have defaulted under or breached these Terms, 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 effective date of these Terms; (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 User 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.

Insurance.

Gravity Haus strongly suggests that User carry a Renter’s Insurance, Health insurance, and/or Traveler’s insurance policy while using the Gravity Haus Facilities. BY ACCEPTING THESE TERMS USER IS AWARE OF THE DANGERS INVOLVED IN TRAVELING TO/FROM GRAVITY HAUS FACILITIES AND ACCEPT ALL RISKS. Furthermore, User understands and accepts 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.

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 these Terms or your use of the Services or the Facilities ("claim(s)") must be resolved by arbitration on an individual basis. Any such claims shall be arbitrated in the City and County of Denver, Colorado. 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 Gravity Haus Participants. 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 thirty (30) days of the date that you agreed (or have been deemed to have agreed) to these Terms. To opt out, you must send your name, residence address, username, email address or phone number, 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-Legal Department, 1321 Upland Dr. PMB 20716, Houston, TX, 77043.
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, 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- Legal Department, 1321 Upland Dr. PMB 20716, Houston, TX, 77043. Before Gravity Haus commences arbitration, we will send you a Notice of Dispute to the email address you use with your Account (or otherwise provided to Gravity Haus), 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 these Terms and any claim, without regard to conflict of law provisions.
YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THIS PARAGRAPH 10, 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.

General Provisions.

Entire Agreement. These Terms (including any agreement signed or otherwise acknowledged with Gravity Haus which reference these Terms) contains the entire agreement between you and Gravity Haus and supersede any prior written or oral agreements concerning your use of the Services or Facilities. There are no representations, agreements, arrangements, or understandings, oral or written, between you and Gravity Haus relating to the Services or the Facilities, which are not fully expressed herein.
Assignability. Neither these Terms, nor any interest in these Terms, nor any rights granted to you in the Facilities or the use of Services hereunder, shall be assignable by you without the prior written consent of Gravity Haus. These Terms may be assigned by Gravity Haus, in our sole discretion, and such an assignment will inure to the benefit of our successors, assigns, or licensees.
No Waiver. No failure or delay by Gravity Haus in exercising or enforcing any right, power or remedy that arises under these Terms shall operate as a waiver of that or any other right, power or remedy. No waiver by Gravity Haus shall be effective unless in writing and signed by an authorized representative of Gravity Haus.
Notices. Any written notice required under these Terms may be provided by means of electronic mail to you at the email address you have provided to us or to us at info@gravityhaus.com

International Use.

Please be aware that we have locations in the United States and that the Services, Facilities, and Content are governed by United States law. If you are using the Services or Facilities or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.

Gravity Haus makes no representation that the Services, Facilities or Content are appropriate or available for use in locations outside of the United States, and access to the Services, Facilities, or Content from territories where such Services, Facilities, or Content is illegal is prohibited. Those who choose to access the Services, Facilities, and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services, Facilities, or Content in violation of United States export laws and regulations.

If you use the Services, Facilities, or access the Content outside of the United States, we may transfer, store, and process your information to and in the United States. We will implement safeguards to ensure an appropriate level of data protection for your information. If you use the Services, Facilities, or access the Content outside of the United States, you will not access or use the Services, Facilities, or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services or Facilities. The Services and Facilities are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Gravity Haus or any Gravity Haus Parties to any registration requirement within such jurisdiction or country

Notice to California Residents. BY USING THE SERVICES AND FACILITIES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “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.”

If the Services and Facilities are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services and Facilities is:

Gravity Haus, Inc.
ATTN: Legal Department

1321 Upland Dr. PMB 20716,
Houston, TX, 77043

If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.