TERMS AND CONDITIONS
GHOST ®, GHOST HOSPITALITY GROUP, GHOST FITNESS NYC LLC AND ITS AFFILIATES
CODE OF CONDUCT
ALL GUESTS MUST ADHERE TO THE BELOW POLICIES
AT GHOST, WE STRIVE TO MAINTAIN A SAFE AND RESPECTFUL ENVIRONMENT FOR OUR COMMUNITY, STAFF AND GUESTS. IN ORDER TO PROVIDE THE BEST POSSIBLE EXPERIENCE AT GHOST, PLEASE BE CONSCIOUS OF YOUR CONTRIBUTION TO OUR CULTURE.
ZERO TOLERANCE POLICY.
GHOST IS A SAFE SPACE AND EXPECTS ALL GUESTS TO BE INCLUSIVE AND RESPECTFUL OF OTHER GUESTS AND EMPLOYEES. WE HAVE A ZERO TOLERANCE POLICY FOR HARASSMENT OF ANY KIND, UNWANTED PHYSICAL CONTACT OR SEXUAL ADVANCES, HOMOPHOBIC, TRANSPHOBIC, RACIST, SEXIST OR OTHER DISCRIMINATORY BEHAVIOR.
GUESTS ARE NOT TO USE FITNESS EQUIPMENT AT ANY TIME, OR ENGAGE IN ANY OTHERWISE DANGEROUS ACTIVITY WHILE ON THE PREMISES. PLEASE BE MINDFUL OF OTHERS WITHIN THE SPACE, AND ENSURE YOUR BEHAVIOR IS NOT IN ANY WAY HARMFUL TO OTHERS.
GHOST IS DEDICATED TO BUILDING A COMMUNITY OF FORWARD-THINKING INDIVIDUALS, AND ENCOURAGES YOU TO BUILD RELATIONSHIPS WITH FELLOW GUESTS AND STAFF. PLEASE EMPLOY KINDNESS WITH EACH INTERACTION.
CONSENT INCLUDES PHOTOGRAPHY.
IN AN EFFORT TO PRESERVE PRIVACY WITHIN GHOST, TAKING PICTURES OF OTHERS IS PROHIBITED, UNLESS CONSENT IS GRANTED. SHOOTING PHOTOGRAPHY/FILM FOR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED, UNLESS PERMISSION IS GRANTED PREVIOUSLY IN WRITTEN FORM.
IN ADDITION TO THESE POLICIES, WE EXPECT OUR GUESTS TO FOLLOW OUR HOUSE RULES TOWARDS COVID PREVENTION MEASURES. GHOST RESERVES THE RIGHT TO REFUSE SERVICE AND/OR REMOVE YOU FROM THE PREMISES IF YOU CHOOSE NOT TO ABIDE BY OUR POLICIES, OR ARE IN VIOLATION OF THIS CODE OF CONDUCT.
AS A BROOKLYN-BORN AND POC-OWNED SMALL BUSINESS, WE GREATLY APPRECIATE YOUR LOVE AND SUPPORT, AND THANK YOU FOR COMPLYING WITH OUR CODE OF CONDUCT.
COVID-19 HOUSE RULES
PLEASE ADHERE TO THE BELOW POLICIES PER CDC AND LOCAL GOVERNMENT GUIDELINES
We ask that any guests who have fallen ill with COVID-19, or potentially come into contact with someone who has, to notify us immediately upon discovery. We will inform all guests of any and all potential exposure risks. GHOST® reserves the right to amend or add to these protocols at any time, as determined to be in the best interest of collective health.
COVID-19 LEGAL ATTESTATION
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that GHOST and its subsidiaries have put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I further acknowledge that GHOST and its subsidiaries can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, company staff, and other members, clients and their families. I voluntarily seek services provided by GHOST and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending GHOST.
I ATTEST THAT:
- I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
- I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
- I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
- I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold GHOST Hospitality Group, GHOST Fitness NYC, LLC and its affiliates harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the Company, or that may otherwise arise in any way in connection with any services received from GHOST®. I understand that this release discharges GHOST Fitness NYC, LLC and its affiliates from any liability or claim that I, my heirs, or any personal representatives may have against the Company with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from GHOST®. This liability waiver and release extends to the Company together with all owners, partners, and employees.
Having read this waiver and knowing these facts, I, for myself and anyone entitled to act on my behalf, waive and release GHOST, GHOST organizers, GHOST Founders, and all GHOST sponsors, their agents, representatives and successors from all claims or liabilities of any kind arising out of my participation with GHOST, even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD HARMLESS GHOST, GHOST’s Founders’ and Organizers, their agents and representatives from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my participation at GHOST.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement consisting of the above paragraphs, fully understand its terms, and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
TESTIMONIAL AND PHOTO RELEASE: In consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the undersigned, hereby grant to GHOST and their agents, organizers and representatives, the right to use my name, biographical information, photographs, images, story and/or testimonial, in whole or in part, and without restriction as to changes or alterations. The rights granted herein shall extend in perpetuity, throughout the world and for any purpose whatsoever, including without limitation for marketing and advertising purposes of GHOST and its agents, and in any and all media, including without limitation GHOST’S website and social media outlets. I acknowledge that GHOST and its agents have no obligation to return any photographs or images to me.
I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by GHOST and its agents, including without limitation any and all claims for libel or invasion of privacy. I waive any rights, claims, or interest I may have to control the use of my identity or likeness in whatever media used. I understand that there will be no financial or other remuneration for recording my likeness.
I hereby warrant and represent that I am at least 18 years of age and have the right to contract in my own name. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto as to the subject matter contained herein.
I have read this testimonial and release form, fully understanding its terms, that I give up substantial rights by signing it, and sign it voluntarily.
Personal Responsibility with Alcohol:
Consumption of alcohol at events is optional and a personal decision. By attending an event at GHOST, I agree that any alcoholic beverages I consume are my own choice and responsibility. I agree to drink responsibility and heed suggestions from others and will not drive if I am intoxicated. I acknowledge that I alone am responsible for all of my actions resulting from consuming alcohol and GHOST is in no way responsible.
TRAINING & GENERAL LIABILITY WAIVER
I understand that exercise, training and using fitness equipment are potentially hazardous activities. I further understand that these activities involve risks of injury, aggravation of pre- existing conditions, and in the most severe and extreme situations, even death. Furthermore, I acknowledge that exercise on the body cannot be predicted with complete accuracy and that injuries may occur during or following exercise that could lead to these complications and adversely affect my health. These changes may include, among other effects, high blood pressure, increased heart rate, altered heart function, and possibly, and again in rare instances, cardiac complications. Accordingly, I acknowledge that I am voluntarily participating in these activities with the full knowledge and understanding of the potential dangers. I am aware that a comprehensive medical examination is necessary before using the equipment and machinery and that a consultation with a physician is essential to determine which physical activities, exercises, training and programs, if any, are recommended by my personal doctor. I further acknowledge that I have either had a physical examination within the last month and learned of the recommended activities, or that I voluntarily assume all responsibility and liability for using the facilities, equipment , machinery and participating in all programs at GHOST®. I also have read and been informed of the following warning and notification:
*If you are currently under a physician's care for an injury, condition or illness, GHOST® strongly urges you to consult your physician before conducting any exercises, using any equipment, or participating in any program at GHOST®.*
Whether I have had an examination or voluntarily assume all liability, I further declare that I am physically fit, sound and suffering from no condition, impairment, disability, disease, infirmity, or illness that should prevent my participation in any program and the use of any exercise equipment and machinery.
Moreover, in consideration of being allowed to use all facilities, equipment, machinery and programs, I personally assume all risks involved in all exercising, training, activities and programs at GHOST®. I also waive and release, now and forever, all claims and causes of action against GHOST®, its employees, and all others directly or indirectly connected with GHOST® from any and all personal injuries I sustain (including death), any medical condition of any kind which results, any aggravation of a pre-existing medical condition that I aggravate, and any and all other damages or injuries which I sustain in any way from the direct or indirect result of my activities, exercise, training and participation in GHOST®. I further hold GHOST® harmless from any loss to personal property which is lost or stolen while I use, or are present at GHOST® while, during, going to, or going from GHOST®.