Terms of Use

1. Acceptance of Terms

IMPORTANT- IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS Globegliders MEMBERSHIP AGREEMENT (“TERMS” or “TOU”), DO NOT ENTER YOUR INFORMATION TO AGREE TO BECOME A MEMBER AND DO NOT CLICK “BECOME A MEMBER” OR "CONFIRM". YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING “BECOME MEMBER”, "CONFIRM", AND/OR TICKING THE CHECKBOX TO AGREE TO THESE TERMS AND CONDITIONS OF Globegliders, YOU ARE ENTERING INTO AN AGREEMENT WITH Globegliders INC. (“Globegliders”) AND INDICATING THAT YOU HAVE READ IN FULL, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO BECOME A MEMBER. This Agreement is between Globegliders (“Globegliders”) and the individual accepting this Agreement (“Member”), for Member’s purchase and use of an Globegliders Membership. The services Globegliders provides to Member are subject to the following Terms of Use ("TOU") and conditions set forth in this Agreement. Globegliders reserves the right, at its sole discretion, to modify these Terms. If we change these Terms we will publish it on the website. By continuing to access or use the Site you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site. The Globegliders Membership is only available to those individuals who are 21 years of age or older. By accepting this agreement you represent and warrant that you are 21 years of age or older.

2. Use of Services.

This Membership Agreement is valid from the date agreed to herein as the Membership start date. This Membership Agreement will renew automatically every month from the Membership start date, unless the renewal is canceled by the Member prior to the renewal date. The Member can book overnight stays at any Globegliders location, In addition, Member understands and agrees that: There’s a minimum stay policy and it varies depending on the location. Member can book a maximum of 30 consecutive nights per location in advance; exceptions may apply depending on the location. Extensions are also possible depending on availability. There’s a 90-night cap limit for consecutive stays and/or reservations in the same location in a 120-day period. There is a fee for extra guests. All extra guests need to be registered prior to check-in and a fee will be charged per guest per night. An extra guest is defined as someone staying in the same room as the Member. Access and/or overnight stays at the Globegliders locations will depend on availability and the prices may vary depending on location, season, holidays and weekends. In order to confirm a reservation full membership payment is required and that Globegliders's cancellation and change of reservation policies apply. Globegliders also reserves the right to charge the credit on file and withhold services if payments are not received on time. The Globegliders Membership is non-transferable and can only be used by/for the Member. Member acknowledges any unused discounts, perks and offers will not accrue and can only be redeemed by/for the Member. By accepting this agreement Member understands and agrees that Member will pay a monthly payment of $800 that is non-refundable. Member agrees to abide by all Globegliders Guides, House Rules, Policies and Procedures. The Membership also includes: 10% discount on general Globegliders events and trips 10 free day passes per month. The day pass is limited to the use of the work areas from 8:00 AM to 6:00 PM. The day passes can be redeemed by contacting the Reservations Department at least 24 hours in advance and will depend on availability.

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

Member is responsible for ensuring that the Globegliders locations are left in the condition they were in upon arrival. Member shall be liable for any damages caused by any acts and/or omissions (including without limitation failure to timely vacate the Globegliders Location) and also for the acts and omissions of any individuals that Member invites or otherwise allows into the Globegliders locations. Member assumes the risk of any harm arising from use of the Globegliders locations or the risk to or from others whom they invite to the Globegliders locations. Globegliders is not responsible for any accidents, injuries or illness that occurs while on the Globegliders locations or the facilities of the accommodation. Member also understands that the risks of borrowing any sports gear available at any of the Globegliders locations (to include, but not limited to: bicycles, snorkeling masks, surfboards, yoga mats) are numerous and include, but are not limited to, the following: DEATH, PARALYSIS, HEAD INJURIES, BROKEN BONES, CUTS, SCRAPES, DAMAGE TO BIKES, GEAR, AND CLOTHING, AND CAUSING DAMAGE TO AND/OR INJURING OTHERS. Member is aware of the risks, dangers and hazards associated with using any sport gear locations (to include, but not limited to: bicycles, snorkeling masks, surfboards, yoga mats) at the Globegliders locations and freely accepts and fully assumes all such risks, dangers and hazards and the possibility of personal injury, death, property damage, and loss of resulting therefrom. If sports gear is damaged or lost, Member will be responsible for fixing the damages or paying for a replacement. Member agrees to hold Globegliders harmless, and hereby releases Globegliders, and any person or entity affiliated with Globegliders, from any liability or injury of whatever kind resulting from Member’s use of any sports gear. Member recognizes and understand that the rivers, waters and beaches next to or part of Globegliders locations involve certain risks. Those risks include, but are not limited to, the risk of injury resulting from possible illness and infection and injuries resulting from swimming, tripping or falling in the water including drowning and death. Member understands this and agrees to hold Globegliders harmless, and hereby releases Globegliders, and any person or entity affiliated with Globegliders, from any liability or injury of whatever kind resulting from Member’s use of or proximity to any rivers, beaches, or waters either adjacent to or part of any Globegliders location. Member recognizes and understands using the swimming pools and hot tubs at the Globegliders locations involves certain risks. Those risks include, but are not limited to, the risk of injury resulting from from swimming, tripping or falling in the water including drowning and death. Member understands this and agrees to hold Globegliders harmless, and hereby releases Globegliders, and any person or entity affiliated with Globegliders, from any liability or injury of whatever kind resulting from Member’s use of any pools or hot tubs. Limitation of Liability. No Consequential or Indirect Damages. Member agrees that IN NO EVENT SHALL Globegliders, OR ANY OF ITS REPRESENTATIVES, SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY OR INDIVIDUALLY, BE LIABLE UNDER THIS AGREEMENT (OR ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS CONTRACT) TO MEMBER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, LOSS OF PRIVACY, PERSONAL INJURY, BREACH OF DUTY, NEGLIGENCE, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT Globegliders WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Maximum Liability. IN NO EVENT SHALL Globegliders’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID [OR PAYABLE] TO Globegliders PURSUANT TO THIS AGREEMENT IN THE ONE (1) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. Indemnification. Member Indemnification. Member (as “Indemnifying Party”) shall indemnify, hold harmless, and defend Globegliders and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified Party”) 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 Indemnified Party and/or awarded against Indemnified Party in any final action or proceeding of any kind (collectively, “Losses”), arising out of any third-party claim (including any claim by any of Member’s past or present employees) alleging: (a) breach or non-fulfillment of any representation, warranty or covenant under this Agreement by Indemnifying Party; (b) any negligent or more culpable act or omission on Indemnifying Party (including any reckless or willful misconduct) in connection with this Agreement; (c) 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 Indemnifying Party (including any reckless or willful misconduct); or (d) any failure of Indemnifying Party to comply with any applicable federal, state or local laws, regulations or codes in the performance of its obligations under this Agreement or relating in any way to this Agreement.

4.Termination.

Globegliders reserves the right to terminate any service at any time. Globegliders further reserves the right to terminate Member’s participation in and use of any services, immediately and without notice, for any failure of Member to comply with the TOU, any provision of this Agreement, or any Globegliders rules, policies or procedures.

5.Severability and Force Majeure.

In the event that any provision or portion of this Agreement or TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement or TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. Force Majeure. Globegliders shall not be liable or responsible to Member, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond Globegliders’s control, including, without limitation, the following force majeure events (”Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. Globegliders shall give notice to Member, stating the period of time the occurrence is expected to continue. Globegliders shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Globegliders shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that Globegliders’s failure or delay remains uncured for a period of 30 days following written notice given by it under this Section, either party may thereafter terminate this Agreement upon 10 days’ written notice.

6.Insurance.

Globegliders strongly suggests that Member carry a Renter's Insurance and/or Traveler's insurance policy while using the Globegliders locations. BY ACCEPTING THIS CONTRACT ALL MEMBERS ARE AWARE OF THE DANGERS INVOLVED IN TRAVELING TO/FROM Globegliders LOCATIONS AND ACCEPT ALL RISKS. Furthermore, all members understand and accept that Globegliders does not provide insurance, and that no refunds will be given due to human or natural disaster.

7.Arbitration and Other General Provisions.

Mandatory Arbitration. Any dispute between the Parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, without limitation, claims for breach of contract, negligence, breach of duty, misrepresentation, fraud and disputes regarding any matter related to this Agreement shall be submitted to binding arbitration instead of by lawsuit in any court. The Parties shall agree on and appoint one arbitrator to hear and determine the dispute. Each party shall bear its own costs, expenses, attorney’s fees and an equal share of the arbitrators’ and administrative fees. The venue for the arbitration and any post-award proceeding to confirm, correct or vacate the award shall be San Diego County, California, and nowhere else. THE PARTIES CONFIRM THAT THEY HAVE READ AND UNDERSTAND THIS PARAGRAPH 17, AND VOLUNTARILY AGREE TO BINDING ARBITRATION. IN DOING SO, COMPANY AND Globegliders VOLUNTARILY GIVE UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL BY JUDGE OR JURY, AS WELL AS RIGHTS TO APPEAL. COMPANY MAY AND SHOULD CONSULT WITH AN INDEPENDENT LAWYER OF COMPANY’S CHOICE TO REVIEW THESE ARBITRATION PROVISIONS, AND THIS ENTIRE AGREEMENT, PRIOR TO SIGNING THIS AGREEMENT. Attorney’s Fees. The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement shall be awarded reasonable attorney’s fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered. Authority. If you are signing on behalf of a corporation, LLC, partnership or trust, you represent and warrant that such entity is duly formed and currently qualified to do business in the jurisdiction where the entity is located and that you have the full right and authority to execute and deliver this Agreement and to legally bind Company. Modification by Subsequent Agreement. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them. Governing Law. All questions with respect to the construction of this agreement, and the rights and liabilities of the Parties to this agreement, shall be governed by the laws of the United Kingdom, except for any question as to the validity of the Arbitration clause in Paragraph 17, which shall be governed by the Federal Arbitration Act. Nonassignability. Neither this Agreement, nor any interest in this agreement or any Globegliders Membership, shall be assignable by the Member without the prior written consent of Globegliders. Construction. This Agreement shall be construed as though it was drafted by both Parties, and any rules regarding the holding of any ambiguity against the drafter shall not apply to the interpretation or enforcement of this Agreement. Entire Agreement. This Agreement, and the Terms of Use and Privacy Policy set forth online at Globegliders.com, contain the entire agreement of the parties to it, and supersede any prior written or oral agreements between them concerning the subject matter contained in this agreement. There are no representations, agreements, arrangements, or understandings, oral or written, between and among the parties to this agreement, relating to the subject matter contained in this agreement, which are not fully expressed in it or in Globegliders’s Terms of Use or Privacy Policy. I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF USE AND CONDITIONS CONTAINED IN THIS CONTRACT AND FURTHER AGREE TO BE BOUND TO THE CONTRACT REGARDING MY PARTICIPATION IN AND USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING "BECOME A MEMBER" AND/OR TICKING THE CHECKBOX TO AGREE TO THE TERMS AND CONDITIONS OF Globegliders, YOU ARE ENTERING INTO AN AGREEMENT WITH Globegliders INC. ("Globegliders") AND INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO RENT THROUGH Globegliders. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.