Facility Terms of Service
This Terms of Use and Space Rental License Agreement (this "Agreement") is entered into as of the time the reservation is requested and purchased by the customer(s) (the "Guest" or "You"), and remains in effect through the time the reservation concludes (the "End Time"), by and between the independently owned and operated entity that operates the applicable Another Nine location (the "Facility") and makes it available for the reservation — whether an Another Nine franchisee, licensee, affiliate, or company-owned location operator (the "Host") — and each Guest, for the Guest's use of space, services, and equipment at the Facility. Another Nine, LLC, an Ohio limited liability company (the "Franchisor"), and its parent company, Another Nine Holdings, Inc., a Delaware corporation (together with the Franchisor, the "Another Nine Parties"), are not parties to this Agreement. The Another Nine Parties and the other Released Parties are intended third-party beneficiaries of this Agreement and are entitled to enforce its releases, waivers, assumptions of risk, indemnities, limitations of liability, and arbitration and dispute-resolution provisions directly against any Guest or Invitee.
Agreement Summary. The Host and Guest(s) agree as follows:
License
Subject to the terms and conditions of this Agreement, the Host grants the Guest a non-transferable license (the “License”) to occupy and use the space in the Facility during the time the reservation is scheduled to begin (the “Start Time”) until the End Time, as specified in the Guest’s reservation.
House Rules
For the duration of time between the Start Time and End Time (the “Duration”), or any time where you have accessed the Facility in connection with your License, the Guest agrees to accept and comply with the terms, conditions, and policies provided by the Host relating to the appropriate use of the Facility, including, but not limited to, building security and safety procedures, IT access and use procedures, Maximum Occupancy limitations, alcohol, age, weapons, and surveillance limitations, applicable landlord building or insurance requirements, specific state law requirements, and other terms or procedures provided by the Host (the “House Rules”). The House Rules may be revised and amended by the Host without prior consent of, or notice to, the Guest(s). The current House Rules for each Facility are posted at the Facility and made available online prior to transacting with that location, and are incorporated into this Agreement by reference. The House Rules in effect at the Start Time of your Reservation govern.
Payment
The Guest agrees to pay all applicable Fees, Charges, deposits, and Taxes for the access and use of the Facility to the Host, or to a marketplace service on behalf of the Host, at the time the Reservation is requested. No Reservation is guaranteed unless payment is made in full.
Definitions
Capitalized terms used and not otherwise defined in this Agreement or the Exhibits, Appendices, or Schedules, shall have the meanings set forth in the Section entitled “Definitions” below. Terms defined above are also included in this Section for clarity.
Entire Agreement
This Agreement (including any Exhibits, Appendices, and/or Schedules) constitutes the entire agreement between the Guest(s) and the Host for the use of the Facility and supersedes any prior agreements made between the Host and Guest(s) relating to the Guest’s use of the Host’s space or equipment.
Definitions.
“Agreement” shall mean the entirety of this Terms of Use and Space Rental License Agreement, including all Exhibits, Appendices, or Schedules.
“Guest” shall mean any individual who makes, pays for, accepts, accesses, or uses a Reservation with the Host.
“Invitees” shall mean any individuals accompanying, entering with, or given access by the Guest for the Reservation, including employees, agents, guests, contractors, and other companions.
“Start Time” shall mean the time the Reservation is scheduled to begin. “End Time” shall mean the time the Reservation is scheduled to end.
“Host” shall have the definition provided in the preamble of this Agreement.
“Facility” shall mean the physical property and included equipment and services offered, owned, leased, franchised, managed, operated, and/or made available by or for the Host that may be owned or leased from a third party, including interior areas, exterior entrances, parking areas made available for Guest use, and other areas in or around the applicable Another Nine location. The Facility includes the Suite, Common Areas, and Restricted Areas.
“License” shall mean the non-transferable permission to occupy and use the space, in accordance with the House Rules, for the Duration of the Reservation.
“Duration” shall mean the duration of time between the Start Time and End Time of the Reservation.
“House Rules” shall mean the terms, conditions, and policies provided, posted, or made available by the Host relating to the appropriate use of the Facility and its equipment, including building security and safety procedures, IT access and use procedures, Maximum Occupancy limitations, alcohol, age, weapons, surveillance limitations, applicable landlord or building or insurance requirements, specific state law requirements, and other terms or procedures provided by the Host.
“Reservation” shall mean the arrangement, requested and paid for by the Guest, for the access and use of the space in the Facility for the agreed upon Duration.
“Section” shall refer to the method by which content in this agreement is structured and organized.
“Common Areas” shall mean any non-restricted space inside the Facility excluding the Suite(s), which is available to all Guests and Invitees, including the lobby, hallways, restrooms, and vending area.
“Restricted Areas” shall mean any space inside the Facility that is off limits to unauthorized persons. Access is restricted to authorized persons who are employees, owners, contractors, or agents of the Host.
“Suite” shall mean the reservable rooms in which the golf simulators are located and reservable through a Reservation.
“Maximum Occupancy” shall mean the maximum number of persons permitted inside the Facility or the Suite, which shall be the lesser of the applicable legal occupancy limits or the limits established by the House Rules.
“Fees” shall mean all applicable fees set by the Host to constitute payment for the Duration of the Reservation.
“Charges” shall mean any accessorial charges related to add-on services, damage, cleaning, late departure, unauthorized access, or other amounts payable under this Agreement or the House Rules.
“Payment Providers” shall mean third parties selected by the Host for the purposes of securely processing payments, including Stripe and PayPal.
“Released Parties” shall mean the Host, Another Nine, LLC, Another Nine Holdings, Inc., any applicable landlord, property manager, or affiliate, and each of their respective owners, members, managers, officers, directors, employees, agents, and representatives.
“Weapon” shall mean any instrument, device, or thing capable of inflicting death or serious physical harm, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon. This includes but is not limited to: (i) firearms of any type, whether loaded or unloaded, functional or non-functional, including handguns, rifles, shotguns, air guns, BB guns, and imitation firearms; (ii) dangerous ordnance such as automatic or sawed-off firearms, zip guns, ballistic knives, explosive devices, or incendiary devices; (iii) knives with blades exceeding 2.5 inches, daggers, swords, machetes, and similar bladed instruments; (iv) martial arts weapons, brass knuckles, clubs, batons, tasers, stun guns, chemical sprays intended for use against humans; and (v) any other object that could reasonably be considered a weapon or dangerous instrument. For purposes of this Agreement, the terms “deadly weapon” and “dangerous ordnance” as used in the Weapons Prohibited section shall be included within this definition of “Weapon.”
“Taxes” shall mean any fees collected by the Host for the purposes of sales or other applicable state, local, or federal taxes.
“No Show” shall mean a Guest or Invitees that fail to access and use the space or equipment at the Facility for the Duration specified in the Guest’s Reservation and makes no contact with the Host to cancel or reschedule.
- License Terms
Compliance
Each Guest agrees to abide by and cause their Invitees to abide by this Agreement, any applicable House Rules, posted signage, directions from or provided by the Host, and any landlord, building, or other legal requirements applicable to the Facility. Each Guest is responsible for his or her Invitees’ conduct, compliance, safety, supervision, and use of the Facility, whether or not the Host separately communicates with those Invitees.
Possession and Delivery
The state of the Facility is accepted by the Guest in its “as-is” “where-is” condition and configuration. If, for any reason, the Host is unable to provide the use of the Facility at the Start Time, you shall have the right to cancel the License with no penalty and be entitled to a full refund of amounts paid.
Cancellation
Guests shall have the right to cancel their reservation up to twelve (12) hours in advance of the Start Time. Cancellations received at least twelve (12) hours prior to the Start Time are entitled to a full refund of amounts paid. Any cancellations requested less than twelve (12) hours prior to the Start Time may be eligible for a refund at the full discretion of the Host. Refunds for a No Show will be at the sole discretion of the Host. You acknowledge that the Host will try to honor all reservations. Should reservations need to be canceled by the Host, Guests will be entitled to a rescheduled Reservation based on availability, or a full refund.
Access
You agree that you are permitted to occupy only the Facility and Suite specified in your Reservation and use the specified equipment and services for their intended purpose only, and only for the Duration of your Reservation. You are permitted to access the Facility no more than fifteen (15) minutes prior to your reservation Start Time and you must promptly exit the Suite and Facility at the End Time of your Reservation. You shall not share, transfer, publish, or otherwise provide any access code, key, credential, or entry method to any person other than your Invitees for the Reservation, and you remain responsible for all access and activity occurring through your access credentials provided as part of your Reservation. You agree that accessing or attempting to access any Restricted Area in the Facility is strictly prohibited. You agree that access is limited to the Maximum Occupancy permitted which includes both Guests and Invitees.
Age and Supervision. You represent that the person making the Reservation and accepting this Agreement is at least eighteen (18) years old and has authority to bind the Guest and all Invitees. Unless the Host posts or provides stricter requirements, any Invitee under eighteen (18) years old must be accompanied and actively supervised at all times by a parent, legal guardian, or responsible adult Guest. No person under the legal drinking age may possess, consume, or be provided alcoholic beverages in or around the Facility. The Host may deny access to, remove, or terminate without refund any Reservation involving unsupervised minors, misrepresented ages, underage alcohol possession or consumption, or other age-related violations.Minor Participants; Parent and Guardian Acknowledgment. The individual who books the Reservation and accepts this Agreement must be at least eighteen (18) years old. Any Guest or Invitee under eighteen (18) (a "Minor") must be accompanied and actively supervised at all times as provided in the Age and Supervision section; any Minor under sixteen (16) must be accompanied and supervised by his or her parent or legal guardian. By booking a Reservation for, or permitting the participation of, any Minor, the booking adult represents and warrants that he or she is the parent or legal guardian of each such Minor or has the express authority of the parent or legal guardian to accept this Agreement on the Minor's behalf. To the fullest extent permitted by applicable law, the booking adult, on behalf of himself or herself and each such Minor and the Minor's parents and legal guardians, (a) accepts the assumption of risk, release, waiver, and indemnification provisions of this Agreement as applied to the Minor; (b) assumes all risks of the Minor's presence at and use of the Facility; and (c) agrees to indemnify, defend, and hold harmless the Released Parties from any claim brought by or on behalf of the Minor arising from the Minor's presence at or use of the Facility, except to the extent such claim arises from the gross negligence or willful misconduct of a Released Party or cannot be waived under applicable law.
Facility and Suite Use
You agree to use the equipment and services of the Facility and Suite only during the Duration of your Reservation and for the intended purposes only. You agree that access or use the Facility (a) will not be used to carry out any illegal activities in violation of the law, the House Rules, or any other reasonable regulations or rules adopted by the Host before, during, or after the Duration of your Reservation, or (b) for any immoral, unlawful, or objectionable purposes. Further, you shall not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odors in or upon the Facility or the Suite. You shall not commit, or suffer to be committed, any waste upon or within the Facility, or any nuisance, public or private, or any other act or thing of any kind or nature whatsoever that may disturb the enjoyment of the experience for other Guests. You shall not swing golf clubs, throw objects, operate simulators or equipment recklessly or in an otherwise unsafe manner, or engage in conduct in any manner that is unsafe, reckless, impaired, inconsistent with posted instructions, or likely to cause injury or property damage. You shall not make any alterations, additions, or improvements to the Facility, including the installation of lighting, phone, camera, or data lines. You shall not generate, store, install, dispose of, or otherwise handle any hazardous materials in or around the Facility, in any manner contrary to any applicable law. You shall be liable for the costs of any removal, clean-up, and/or remediation of any hazardous or non-hazardous materials released, left behind, or caused by you or your Invitees, beyond the reasonable normal course of use. You agree that the Host has the right to require that you relocate to another Suite in the same Facility of equal or larger size and similar configuration for the remainder of the Duration, with or without notice, provided that all applicable charges for such new space are no greater than the charges for the space dictated in your original Reservation. You agree that the Host or its authorized representatives may enter any part of the Facility, at any time, including your reserved Suite and during your Reservation. Unless there is an emergency, the Host will, as a matter of courtesy, try to inform you in advance when access is required, which is at the discretion of the Host.
Unattended Facility Operations; Assumption of Risk
You acknowledge that some Facilities may operate twenty-four (24) hours per day, may be accessible by digital access credentials, and may be not staffed on-site or otherwise unattended during all or part of your Reservation. You are solely responsible for determining whether you and your Invitees can safely enter, remain in, and use the Facility and equipment under the conditions existing during the Reservation. You assume all risks arising from or relating to use of the Facility, Suite, Common Areas, equipment, simulators, golf clubs, balls, screens, mats, flooring, furniture, entrances, exits, parking areas, weather conditions, acts or omissions of other persons, and the absence of on-site personnel, except to the extent such risks cannot be waived under applicable law. You agree to stop using the Facility or equipment immediately, notify the Host, and, if appropriate, contact emergency services if you observe an unsafe condition, malfunction, injury, security concern, or other emergency.Nothing in this Agreement limits or releases liability for gross negligence, willful or wanton misconduct, or any other liability that cannot be waived or limited under applicable law. The releases, waivers, assumptions of risk, and limitations in this Agreement apply only to the fullest extent permitted by applicable law; any portion that is not enforceable shall be limited or modified to the minimum extent necessary so that the remainder remains enforceable.
Health and Physical Activity Acknowledgment. You acknowledge that use of the Facility involves physical activity, including swinging golf clubs and using equipment, simulators, mats, and hitting areas, and that such activity carries inherent risks of injury. You represent that you and your Invitees are physically able to participate and have no medical condition that would make participation unsafe, and you assume all risks associated with such activity. You agree to use equipment only for its intended purpose and in accordance with posted instructions, and to stop and seek assistance if you or any Invitee experiences pain, discomfort, or a medical issue.
Good Care
You agree to take good care of, and not damage, waste, or make any changes to any space, equipment, or service, included in the Facility. You shall not alter, add, replace, remove, move, disable, misuse, or damage any furnishings, equipment, cameras, access-control systems, simulators, screens, mats, clubs, technology, fixtures, or other property located in, on, or around the Facility, including the Suites and Common Areas. At the End Time, you agree to leave the space in the same condition as you entered it, in good condition, normal wear and tear excepted. If any damage to the Facility, its equipment, property, or services should occur while in your care, custody, or control, you agree to pay reasonable repair, replacement, cleaning, and related costs and to notify the Host immediately upon discovery of such damage occurring, but no later than eight (8) hours later. You are liable for any damage caused by you or your Invitees to the Facility, including property owned by the Host, landlord, or any third party, as applicable.
Common Areas
If available at the Facility, your Reservation also permits access to and non-exclusive use of any Common Areas in the Facility designated for common uses of Guests and others, as described in the House Rules. The Common Areas may also include shared facilities like vending machines, gaming devices, putting greens, and other similar property and equipment, which is available for your use on a first-come, first-served basis during the Duration of your Reservation. The Common Areas may be changed, relocated, altered, eliminated, or otherwise modified at any time before, during, or after the Duration without the consent of, or notice to, the Guest or Invitees. Unless otherwise set forth in the House Rules, the right to parking is not provided under this Agreement.
Access Codes and Keys
Any access codes, physical or digital keys, or any other mechanism for accessing the Facility or Suite, which the Host provides for the purposes of accessing the Facility or Suite, remain the Host’s property at all times. You shall not make any copies or allow anyone else to use them without the Host’s consent. Any loss of physical or digital keys must be reported to the Host immediately. You shall not place any additional locks, stops, or bolts of any kind upon any of the doors or windows of the Facility nor make any changes to the existing locks or the mechanisms thereof. Any attempt to alter or otherwise gain access to the technology which enables digital access to the Facility is strictly prohibited.
Security
You acknowledge and agree that by making a Reservation and entering the premises, that security cameras are in operation throughout the Facility, capturing both video and audio recordings. You acknowledge and expressly consent, on behalf of yourself and your Invitees, to audio and video surveillance recording throughout the Facility. You understand these recordings capture both video images and audio (sound), including conversations, and you knowingly and voluntarily consent to such recording. You are responsible for informing your Invitees of this recording. By making a Reservation and entering the Facility, you provide any consent required under applicable law, including any law requiring the consent of all parties to record a conversation. These recordings are used solely for security, safety, and operational purposes including but not limited to crime prevention, incident investigation, compliance with applicable insurance and landlord or building requirements, and ensuring a safe and secure environment for all Guests and staff, and are not used for marketing or promotional purposes. You understand and agree that these video and audio recordings may be shared with law enforcement or authorized third parties of the Released Parties to assist with the purposes expressed above. You hereby release the Released Parties from any liability associated with the collection, storage, and use of these recordings for these intended purposes.
Conduct
You acknowledge and agree that the Host prohibits any form of discrimination in employment, against any of its employees or owners, including, on the basis of race, color, creed, religion, age, gender, marital status, sexual orientation, national origin, or disability, or other characteristics provided by law. In recognition of this policy, all Guests and Invitees shall be prohibited from participating in any type of harassing or abusive behavior to employees of the Host or its affiliates, other Guests or Invitees, verbal or physical, in or around the Facility, for any reason. You further agree that any violation of this Conduct clause is grounds for immediate termination of your reservation and the express removal of your access to the Facility, without a refund of any kind.
Right to Refuse Service; Removal; Suspension of Booking Privileges
In addition to any other rights under this Agreement, and to the fullest extent permitted by applicable law, the Host may, in its sole discretion, refuse entry to, remove, or require any Guest or Invitee to leave the Facility, and may suspend or permanently revoke a Guest’s or Invitee’s right to make future Reservations or access any Facility, for any of the following: (a) conduct the Host determines to be disruptive, abusive, threatening, harassing, or unsafe toward the Host’s staff, other Guests, or Invitees, whether on-site, by phone, or through any other means; (b) misuse of, tampering with, unauthorized access to, or damage to the Facility, equipment, lockers, rental clubs, or other property; (c) violation of this Agreement or the House Rules; or (d) any other lawful reason. Any removal or suspension of booking privileges under this section may occur with or without prior warning and does not entitle the Guest or Invitee to any refund. This section is in addition to, and does not limit, the Host’s rights under the Default and Conduct sections.
Damages and Insurance
You are responsible for any damage caused by you or your Invitees to the space, property, equipment, systems, or services in or around any part of the Facility. You and your Invitees are responsible for arranging your own insurance for your personal property, bodily injury, and property damage against all risks and for your liability to and for you and your Invitees arising from use of the Facility, alcohol consumption, equipment use, unattended access, and acts or omissions of other persons. You have the sole risk of damage, loss, theft, disappearance, or misappropriation with respect to any of your personal property and liability to and for you and your Invitees. You agree, as a material part of the consideration to be rendered to the Host under this Agreement, to waive any right of recovery against the Released Parties for any damage, loss, theft, disappearance, or misappropriation of your property or property under your control and for any liability to you or your Invitees, including for injuries to you or your Invitees in or about the Facility, and you agree to indemnify, defend, and hold harmless the Released Parties from and against any damage or injury to any such person or such property, arising from your or your Invitees’ use of the Facility and its equipment and services or from your failure to use the equipment or facilities as they are intended, violation of this Agreement or House Rules, or from your failure to keep the premises clean and in good condition as provided in this Agreement. All property brought into the Facility by you or your Invitees is understood to be under your control and not under the control, custody, or responsibility of the Host.
Personal Property and Theft
You and your Invitees are solely responsible for securing and monitoring all personal property brought into or around the Facility, including wallets, phones, clubs, bags, vehicles, and items left in Common Areas, Suites, parking areas, or other parts of the Facility. The Host is not a warehouseman, bailee, insurer, or custodian of any personal property and is not responsible for lost, stolen, damaged, or abandoned items, whether or not cameras, locks, access controls, or other security measures are present. You agree to report suspected theft or criminal activity promptly to law enforcement and the Host. Any personal property left after the End Time may be handled in accordance with the No Lease section of this Agreement.
Landlord, Building, and Insurance Requirements
You acknowledge that each Facility may be subject to leases, licenses, building rules, landlord requirements, property-management requirements, insurance requirements, and local operating rules. You and your Invitees must comply with all such requirements that are posted, included in House Rules, communicated by the Host, or otherwise applicable to your use of the Facility. The Host may deny access, suspend services, relocate a Reservation, terminate a Reservation without refund, or impose additional safety, security, age, alcohol, weapons, access, occupancy, or conduct requirements if the Host determines that doing so is necessary or appropriate to comply with landlord, building, insurance, legal, or safety requirements.
Food and Beverage Policy
You acknowledge and agree that you and your Invitees are permitted to bring your own food and beverages or have them delivered to the Facility at any point throughout the Duration of your Reservation, subject to this Agreement, the House Rules, and applicable law. Vending machines with food and beverages for purchase may also be available on-site in Common Areas. Alcohol; BYOB (where permitted). Alcohol policies vary by Facility and are governed by each location's House Rules and by applicable federal, state, and local law. Some Facilities permit Guests and Invitees to bring their own alcoholic beverages ("BYOB") and some do not. Alcohol is permitted only at Facilities where the House Rules or posted signage expressly allow it, and only in the manner they allow; where not expressly permitted, alcohol is prohibited. Where BYOB is permitted, it remains subject to all applicable laws and to any licensing, permit, landlord, and insurance requirements applicable to the Facility. The Host does not sell, serve, provide, or furnish alcoholic beverages and assumes no responsibility or liability for the selection, quality, or effects of any alcohol brought onto, consumed prior to entering, or consumed in or around the Facility. You and your Invitees are solely responsible for compliance with all alcohol laws, including those prohibiting furnishing alcohol to, or consumption by, persons under the legal drinking age. The Host may limit, condition, or prohibit alcohol at any time and may refuse entry to, or remove without refund, any Guest or Invitee who appears intoxicated or violates this section. Any alcohol-related violation may be reported to law enforcement.No Smoking or Vaping. Smoking and vaping are prohibited inside the Facility, including all Suites and Common Areas. This prohibition covers cigarettes, cigars, e-cigarettes, vaporizers, and any other product or device that produces smoke, vapor, or aerosol, and applies regardless of the substance involved, including tobacco and cannabis. Use of any cannabis product is further subject to the House Rules and applicable law and is prohibited where not legal in the jurisdiction in which the Facility is located. Any Guest or Invitee who violates this section may be removed without refund and is responsible for any resulting cleaning, damage, or remediation costs, including any charges imposed on the Host by its landlord or insurer.
Weapons Prohibited
The Host, as a private property owner, prohibits the presence, possession, carrying, storage, display, or use of firearms and all other Weapons on the Facility premises. This prohibition applies to all Guests and Invitees regardless of whether they possess a valid concealed handgun license, open carry permit, or qualify for permitless carry status under applicable law, except where applicable law expressly prohibits the Host from enforcing this restriction. This prohibition applies to all areas of the Facility, including but not limited to, Suites, Common Areas, and the exterior premises. This prohibition does not apply to firearms or ammunition stored in a Guest’s or Invitee’s privately-owned motor vehicle in the parking area, provided the vehicle is locked when the Guest or Invitee is not in it. Guests or Invitees found in violation of this prohibition may be denied access to or asked to leave the Facility immediately without refund, subject to criminal trespass charges, reported to law enforcement, and banned from future use of the Facility. Should any Weapon be discovered unattended anywhere on the Facility premises, Host personnel will immediately secure the area, prohibit access to the location where the weapon was found, and contact local law enforcement to properly secure and remove the Weapon. Law enforcement will maintain possession of the Weapon until proper ownership can be verified and legal transfer back to the owner can be arranged in accordance with applicable laws. Guests or Invitees who are determined to have left Weapons unattended on the premises may be subject to additional penalties, including but not limited to permanent ban from the Facility, reporting to appropriate authorities, and potential legal action. The Host reserves the right to terminate the License immediately and without refund in such cases. For safety purposes, under no circumstances should Guests or Invitees attempt to handle, secure, or remove unattended Weapons themselves.
Default
You shall be considered in default of this License if you fail to comply with any term of this Agreement. Upon any default, the Host shall have the right, without notice, to terminate this Agreement, in which case you shall immediately surrender the Reservation and any property or service currently in your possession or use. If you fail to surrender the Reservation and associated space, or the Host property, the Host may, in compliance with applicable law and without prejudice to any other rights or remedies, enter upon and take possession of the space and Host property, and you shall be liable for all Fees, Charges, and Taxes for the duration of your Reservation. You will also be liable for all costs incurred by the Host to retake possession of the space or property, and any other losses and damages which the Host may suffer as a result of Guest’s or Invitee’s default.
Indemnity
You agree to indemnify, defend, and hold the Released Parties harmless from and against any loss, liability, claim, demand, damages, fines, penalties, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with (a) your or your Invitees’ access to, presence at, or use of any service, equipment, or space provided by the Host, including all space in and around the Facilities; (b) personal injury, death, property damage, theft, alcohol-related conduct, Weapons-related conduct, unauthorized access, or misconduct caused or alleged to be caused by you or your Invitees; (c) your or your Invitees’ violation of applicable law, this Agreement, or the House Rules; or (d) your breach of any representation, warranty, covenant, or obligation under this Agreement. Nothing contained in this Agreement shall be construed to create privity of estate or of contract between you and Host’s landlord, if applicable.
Disclaimer
Except as expressly provided herein or in any applicable House Rules, the Host is providing its space, equipment, technology, and services to the Guest “as is” and Host disclaims any and all other representations and warranties with respect to the Facility, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Host cannot and does not guarantee, and does not promise to Guest, any specific results from use of the space. Host does not represent or warrant that the space, equipment, technology, or services will meet your requirements; that the space meets applicable legal standards; or that the Facility is safe, secure, supervised, or suitable for your intended use.
Liability
To the maximum extent permitted by applicable law, in no event will the Released Parties be liable to any Guest, Invitee, or any party claiming through the Guest or Invitees, for any indirect or consequential, exemplary, incidental, special, or punitive damages, including for any lost profits, lost data, personal injury or property damage, of any nature whatsoever, arising from the Guest’s use of the space, any content or other materials on, access through, or downloaded from the Host’s e-commerce or digital properties (i.e. Website, App), even if the Host is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, and to the maximum extent permitted by applicable law, the aggregate liability of the Released Parties to Guest, Invitees, or any party claiming through Guest or Invitees, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid for the Reservation, in the twelve (12) months prior to the initial action giving rise to the claim. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit. You understand that any third party technology services or suppliers are not a party to any Agreement entered into between the Guest and the Host.
Suspension of Services
The Host may suspend or terminate the provision of services, including access to the Facility or use of the equipment in the Suite, for reasons of political unrest, strikes, terrorism, Acts of God, or other events beyond the Host’s or the Host’s landlord’s reasonable control. This Agreement shall automatically terminate if the Facility is rendered unusable as a result of a fire, other casualty or a condemnation. As between the Host and Guest, all proceeds of any condemnation award shall belong to Host and all insurance proceeds of Host shall be retained by and belong to Host. The Host may also suspend the provision of services, including access to the Facility or use of the equipment in the Suite, in the event the interior or exterior of the Facility is being renovated or repaired, in which event you will be either relocated to another space within the building, rescheduled for a later reasonable date, or refunded.
Technology and Equipment Availability
The Host strives to provide functioning simulators, technology, and equipment, but does not guarantee that the Facility, simulators, technology, equipment, power, or network connectivity will be available or operate without interruption or error during your Reservation. To the fullest extent permitted by applicable law, the Host is not liable for any interruption, malfunction, or unavailability of the foregoing. If a material interruption, malfunction, or unavailability prevents your reasonable use of the Suite during your Reservation, your sole and exclusive remedy is, at the Host’s discretion, relocation to another available Suite, a reschedule of your Reservation, a refund, and/or a credit toward a future Reservation.
Sublicensing
You may not sublicense, assign, or transfer any interest in this Agreement or allow any third party to use any portion of the Facility, unless otherwise expressly specified in this Agreement.
Electronic Records and Signatures. You consent to transact electronically and agree that your acceptance of this Agreement (including by checking the acceptance box at checkout) and any House Rules or notices provided electronically have the same legal effect as a handwritten signature and satisfy any requirement that such records be in writing. The Host and the Another Nine Parties may retain records of your acceptance.
Payment Authorization; Chargebacks
By providing payment, you authorize the Host and its Payment Providers to charge all applicable Fees, Charges, and Taxes for your Reservation. Except as expressly provided in the Cancellation section, all such amounts are non-refundable. You agree not to initiate a chargeback, payment dispute, or reversal for any charge properly incurred under this Agreement, and you agree that doing so in violation of this Agreement is itself a breach. The Host reserves the right to dispute any chargeback and to recover the disputed amount and related costs, including reasonable fees.
No Lease
You acknowledge and agree that this Agreement is not a lease or any other interest in real property. It is a contractual agreement that creates a revocable License. The parties do not intend to create a lease or any other interest in real property for the benefit of Guest or Invitees through this Agreement. The Host retains legal possession and control of the space assigned to Guest pursuant to the details of the Reservation. The Host’s obligation to provide space and services to Guest is subject, in all respects, to the terms of the Host’s lease, license, franchise arrangement, property-management arrangement, building rules, landlord requirements, and insurance requirements applicable to the Facility. This Agreement and the License granted hereunder shall terminate simultaneously with the termination of the Host’s master lease or the termination of the operation of the Host’s Facility for any reason at no cost or penalty to Host. You do not have any rights under the Host’s lease with its landlord, if applicable. When this Agreement expires or is earlier terminated, your license to occupy the Space shall automatically be revoked. You agree to remove your personal property and leave the Facility as of the date and time of such expiration or termination. The Host is not responsible for your personal property left in any part of the Facility after expiration or termination, upon the End Time of the Reservation. If you fail to remove your personal property, at the Host’s option, such personal property shall (a) be deemed conveyed to the Host and shall become property of the Host, or (b) be removed from the Facility by the Host at the Guest’s expense.
No Broker
You represent that you have dealt with no broker in connection with this Agreement. You agree to indemnify, defend and hold the Released Parties harmless from any claims of brokers claiming to have represented you in connection with this Agreement.
Subordination
This Agreement and any applicable House Rules are subordinate to any underlying lease, mortgage, deed of trust, ground lease, or other lien now or subsequently arising upon the Facility and to renewals, modifications, refinancings, and extensions thereof, including the Host’s lease with the Host’s landlord and to any other agreements to which the Host’s lease is subordinate.
Jurisdiction
Subject to the Dispute Resolution section below, this Agreement shall be interpreted and enforced in accordance with the laws of the state or commonwealth in which the Facility for which the Reservation is made is located, without regard to its conflict-of-laws principles.
Dispute Resolution; Binding Arbitration; Class Action Waiver
Please read this section carefully — it affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.Informal resolution first. Before initiating any arbitration or other proceeding, you agree to first contact the Host in writing (as provided in the Notices section) and provide a brief description of the dispute and your contact information. The parties will attempt in good faith to resolve the dispute informally for a period of thirty (30) days from the date of that notice.Agreement to arbitrate. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to this Agreement, the House Rules, your Reservation, or your or your Invitees' access to or use of the Facility — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — that is not resolved informally shall be resolved exclusively by final and binding arbitration, rather than in court. This Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this section.Arbitration rules and forum. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in the county and state in which the applicable Facility is located, or, at your election, by telephone, video, or written submission where permitted by the AAA rules. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.Class action and jury trial waiver. To the maximum extent permitted by applicable law, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. YOU AND THE RELEASED PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request shall be severed and heard in a court of competent jurisdiction, but the remainder of this section shall remain in full force in arbitration.Carve-outs. Notwithstanding the foregoing, either party may (i) bring an individual claim in small claims court if it qualifies, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop unauthorized access to the Facility, unauthorized use of access credentials or technology, or the actual or threatened infringement or misuse of intellectual property or confidential information.30-day right to opt out. You may opt out of this arbitration and class action waiver section by sending written notice of your decision to opt out (as provided in the Notices section) to the Host within thirty (30) days after first accepting this Agreement. The notice must include your name, the Reservation or account information, and a clear statement that you wish to opt out of arbitration. If you opt out, neither the arbitration nor the class action waiver in this section will apply to you, and disputes will be resolved in the courts identified in the "Venue for non-arbitrable matters" provision below.Venue for non-arbitrable matters. For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the county and state in which the applicable Facility is located.Survival and severability. This section survives termination of this Agreement. If any portion of this section (other than the class action waiver, which is governed above) is found unenforceable, the remainder shall be enforced to the fullest extent permitted by law.
Severability
If any provision of this Agreement is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. If a provision cannot be so modified or enforced, it shall be severed, and its invalidity shall not affect the validity or enforceability of the remaining provisions.
No Waiver
The Host’s failure or delay in enforcing any provision of this Agreement or the House Rules, or in exercising any right or remedy, shall not constitute a waiver of that provision, right, or remedy, or of any other provision, and shall not preclude the Host from enforcing it at any later time. No waiver by the Host is effective unless made in writing by the Host, and the Host’s waiver of any breach shall not be deemed a waiver of any prior or subsequent breach.
Notices
Any notice you are required or permitted to give under this Agreement — including a notice of dispute or a notice to opt out of arbitration under the Dispute Resolution section — must be in writing and sent to the Host at the email or mailing address posted for the applicable Facility (including in the House Rules or on that location’s page) or to legal@anothernine.com, Attn: Legal. The Host may give you notice using the email address or contact information associated with your Reservation. Notice is deemed given when sent by email or three (3) business days after mailing.