Liability & PRivacy Policies

1. Club Rules; Amendment

Included in these Terms are any exhibits, addendums or other agreements that you enter into with us, including but not limited to separate waivers and assumptions of liability, and any club, facility, or class rules that we post in our club or that we communicate to you at any time. We may amend, modify, or add to these Terms at any time, at our sole discretion. “Traverse Holdings LLC” or “us” means Traverse Holdings LLC, any of its affiliates, subsidiaries, successors, and assigns, and all of its current and future locations, studios, facilities, parking areas, and premises within the State of Colorado, whether owned, leased, licensed, or operated now or in the future.

2. Memberships

• a. Your membership to our fitness club is an individual membership that is unique to you, and you may not share your membership with any other person, allow any other person to use your membership, or transfer your membership to any other person. This membership will automatically renew on a month-to-month basis, and by accepting these Terms, you agree that your account/credit card will be charged each month based on the membership type selected and membership start date as described in your membership agreement. If your credit card is declined or we are unable to charge your account, we may suspend your membership until you pay the full balance owed under your membership plan. Unused monthly class or services sessions will not roll-over and will be automatically forfeited. You may only use that portion of our club to which your membership applies, as described in your membership type. Your membership, and your right to use our club, are conditioned on your compliance with these Terms, and we reserve the right to terminate, suspend, or cancel your membership at any time. If we are forced to initiate collections and/or legal action against you to collect any amounts you owe to us, you will also be liable to us for our costs of collection, including but not limited to, reasonable attorneys’ fees, regardless of whether we file a lawsuit.
• b. Your membership and your class purchases are personal to you. You may not sell, gift, transfer, or assign your membership or any class purchases to any other person.
• c. We do not offer refunds of membership fees. We only offer refunds on a case by case basis or as otherwise required by applicable law.
• d. If you wish to cancel your membership, you must provide written notice of cancellation at least thirty (30) days before your next scheduled monthly automatic payment date. If cancellation notice is received fewer than thirty (30) days before your next scheduled payment date, your membership will remain active through the following billing cycle and you will be charged for the next month. You may continue to access and use the club, classes, and services in accordance with these Terms through the end of the final paid billing period or until all prepaid services have been used, whichever occurs first. For example, if your monthly payment is scheduled for March 1, written cancellation notice must be received no later than January 30 to avoid the March 1 charge.
• e. If you are a free trial member, or your membership is in connection with any other promotion, any additional terms and conditions included in such promotion or free trial are included in these Terms by reference, and we reserve the right to terminate or cancel such free trial or promotion at any time.
• f. If you are temporarily unable to use our facility for medical reasons, you may request a freeze of your membership on a month-by-month basis. To qualify for a membership freeze, you must be in good standing with all fees and other amounts due to us and be current on monthly or prepaid fees or dues and complete our Membership Freeze Form and return it to our general manager. Any freeze request will be granted by us on a case by case basis. You acknowledge and understand that freezing your membership will extend the term of your membership and that you will still be obligated to pay your monthly dues until the minimum term has expired. A fee of $15 per month will be assessed for freezing a membership. We reserve the right to adjust this freeze policy from time to time at our sole discretion. All requests must be received at least 30 days prior to your next billing date period. We will not freeze any membership retroactively.
• g. Anything to the contrary in these Terms notwithstanding, you (or your estate or representatives if applicable) may terminate your membership, effective immediately, if any of the following events occurs: (i) your death; (ii) you become totally physically disabled as determined by a licensed physician or advanced practice nurse for the duration of the membership; (iii) you move out of the State of Colorado; or (iv) any other event requiring that we allow you to terminate your membership pursuant to Colorado law.

3. Class Packages and Single Class Purchases.

If you have purchased a single class or package of classes, those classes must be used within the time stated in your package agreement or they will expire without refund of any kind (unless the order screen states a different expiration period). We do not offer full or partial refunds for class packages or single class purchases.

4. Class Booking.

We recommend that you reserve your space in our classes in advance through our website or by calling our studio. Please be aware that space in our classes is limited and are offered on a first-come, first-serve basis. If a class has filled up and you have not reserved a space, we may be forced to turn you away. We reserve the right to change and cancel teachers, events, classes, and workshops without prior notice, and may introduce fees for late cancels or no shows at any time. You will be contacted via text, phone, or email should a class be cancelled. We enforce a strict no show/late cancel policy. If you have reserved a space in one of our classes and do not attend such class or fail to cancel at least 12 hours in advance of the class, you will be charged for such session and if you are under an unlimited membership plan, you will be charged the prevailing no show/late cancel fee.

5. Payment of Fees.

• a. We will charge you for all fees in advance. If you have purchased a membership that includes recurring charges, you authorize us to process credit card or ACH transactions from your account according to the membership plan/class package and payment type you’ve selected. If you have purchased a membership plan, you understand and agree that this authority will remain in effect until you’ve canceled your membership in accordance with our policies. It is your responsibility to maintain a debit or credit card on file with accurate billing information. We are not responsible for errors in processing due to an expired card or inaccurate billing information.
• b. We reserve the right to change our membership fees on 30 days prior notice to you.
• c. If we are required to take action to collect from you any amounts owed to us under these Terms, you agree that you will pay for all of our costs of collection, including but not limited to, reasonable attorneys’ fees and court costs.

6. Use of Facilities.

• a. While using any of our fitness studios, you will comply with all rules specific to such studio and the applicable class that you are participating in.
• b. You shall not act as a trainer for any other person while at our facility, and you may not use a personal trainer at our facility unless we have approved of them in advance. While using the facilities at our club, you must comply with club rules at all times and you may not engage in any illegal activity while at our club. You are solely responsible for your use of the facilities or any of our club’s services.
• c. In addition to the club rules, you agree:
  • i. You will conduct and present yourself in such a manner as to preserve the comfort, health, safety, and welfare of others at our facilities. You shall not engage in behavior towards other members, guests, or our staff that is threatening, obscene, harassing, indecent, or illegal.
  • ii. You will observe proper etiquette, language, and courtesy at all times. This includes proper conduct and relinquishing studios and classrooms on schedule.
  • iii. You will wear proper footwear at all times in our facility. You will wear proper attire at all times for the area of the club you are using. No torn, ragged, or cut-off clothing is permitted. Hats or other clothing with offensive illustrations or language are not permitted.
  • iv. You may not bring alcohol, smoking, marijuana, or tobacco products or guns, firearms, or weapons of any kind in our facilities.
  • v. Children under the age of 18 are not allowed in our club unless approved in advance by management on a case by case basis.
  • vi. You and guests are encouraged not to bring valuables into our club. We are not liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, clothing, phones, laptops, and other items left by you or your guests.
  • vii. You agree not to use any defective equipment and to immediately report any defective equipment to one of our employees.

7. Representations.

You certify that you are: (a) physically sound; (b) have medical approval to proceed with a normal routine of exercise; (c) are not aware of any physical limitations, medical conditions, or other circumstances that would be aggravated or increase your risk of illness and/or injury as a result of participating in our exercise routines; and (d) you are at least 18 years of age, or you are entering into these Terms as the participant’s parent or legal guardian.

8. USE OF ALTITUDE ROOM.

You may only use our altitude room if you have purchased a membership that includes its use or have purchased classes or time in the altitude room. In addition to the altitude room rules, you agree to the following:

• a. You understand that the altitude room is designed to simulate conditions at altitudes that are different from that of Denver’s, including conditions at much higher altitudes. These conditions include, but are not limited to, lower oxygen levels than what you may be accustomed to. By initialing below you agree to the heightened risks that accompany training at higher altitudes.
• b. Your use of the altitude room is at your own risk. If you are using the altitude equipment/chamber, you certify that you are: (a) in good physical condition; (b) experienced with training and engaging in physically demanding activities at high altitudes and are aware of the risks of altitude related illness; (c) have medical approval to proceed with exercise at high altitude; (d) are not aware of any physical limitations, medical conditions, or other circumstances that would be aggravated or increase your risk of illness and/or injury as a result of participating in training at high altitudes; and (e) you are at least 18 years of age.
• c. You may not use the altitude room if you are pregnant, have sickle cell anemia, chronic obstructive pulmonary disease, emphysema, heart disease, or any other condition that may interfere with your ability to use the altitude room or tolerate high altitudes/lowered oxygen levels. Only adults age 18 or over may use the altitude room.
• d. You will immediately stop using and exit the altitude room, and notify a member of our staff, if you experience any of the following symptoms: headache, dizziness, nausea, trouble breathing, weakness or fatigue, increased heart rate, chest tightness or pain, coughing, vomiting, confusion, inability to walk in a straight line, or pale, gray or blue skin.
• e. You may not bring guests into the altitude room unless they have entered into a written agreement with us that includes liability waivers that we deem adequate, in our sole discretion. We have the right to deny use of the altitude room to any person for any reason.

9. USE OF SAUNA ROOM.

You may only use our sauna room if you have purchased a membership that includes its use or have otherwise purchased access to the sauna room. In addition to any posted sauna rules, you agree to the following:

• a. You understand that use of a sauna involves exposure to high temperatures and heat stress and may place significant strain on the cardiovascular, respiratory, and nervous systems. Risks associated with sauna use include, without limitation, dehydration, overheating, heat exhaustion, heat stroke, fainting, dizziness, nausea, burns, exacerbation of pre-existing medical conditions, cardiac events, loss of consciousness, and death.
• b. Your use of the sauna room is at your own risk. By using the sauna room, you certify that you are: (a) in good physical condition; (b) medically cleared to tolerate exposure to high heat; (c) not aware of any physical limitations, medical conditions, or other circumstances that would be aggravated or increase your risk of illness or injury from sauna use; and (d) at least 18 years of age.
• c. You may not use the sauna room if you are pregnant; have cardiovascular disease, uncontrolled high or low blood pressure, a history of fainting or heat-related illness, respiratory conditions, kidney disease, or any other condition that may impair your ability to safely tolerate heat exposure. You may not use the sauna if you are under the influence of alcohol, drugs, or medications that impair thermoregulation, balance, or judgment.
• d. You agree to immediately stop using and exit the sauna room and notify a member of our staff if you experience any symptoms including, but not limited to: dizziness, lightheadedness, nausea, headache, confusion, chest pain, shortness of breath, palpitations, weakness, fainting, or any feeling of distress or discomfort.
• e. You may not bring guests into the sauna room unless they have entered into a written agreement with us that includes liability waivers that we deem adequate, in our sole discretion. We reserve the right to deny or revoke access to the sauna room at any time for any reason, including safety concerns.

10. USE OF COLD PLUNGE / COLD TUB.

You may only use our cold plunge or cold tub if you have purchased a membership that includes its use or have otherwise purchased access to such facility. In addition to any posted cold plunge rules, you agree to the following:

• a. You understand that cold plunge and cold tub use involves exposure to extremely cold temperatures and may cause significant physiological stress. Risks associated with cold exposure include, without limitation, cold shock response, rapid changes in heart rate and blood pressure, hyperventilation, dizziness, numbness, loss of motor control, fainting, cardiac events, hypothermia, exacerbation of pre-
• b. Your use of the cold plunge or cold tub is at your own risk. By using the cold plunge or cold tub, you certify that you are: (a) in good physical condition; (b) medically cleared to tolerate cold exposure; (c) familiar with and understand the risks associated with cold immersion; (d) not aware of any physical limitations, medical conditions, or other circumstances that would be aggravated or increase your risk of illness or injury from cold exposure; and (e) at least 18 years of age.
• c. You may not use the cold plunge or cold tub if you are pregnant; have cardiovascular disease, uncontrolled blood pressure, Raynaud’s disease, peripheral vascular disease, respiratory conditions, seizure disorders, cold sensitivity, or any other condition that may impair your ability to safely tolerate cold exposure. You may not use the cold plunge or cold tub if you are under the influence of alcohol, drugs, or medications that affect circulation, sensation, balance, or consciousness.
• d. You agree to immediately stop using and exit the cold plunge or cold tub and notify a member of our staff if you experience any symptoms including, but not limited to: dizziness, chest pain, shortness of breath, confusion, numbness, tingling, weakness, loss of coordination, uncontrolled shivering, or any feeling of distress or discomfort.
• e. You may not bring guests into the cold plunge or cold tub unless they have entered into a written agreement with us that includes liability waivers that we deem adequate, in our sole discretion. We reserve the right to deny or revoke access to the cold plunge or cold tub at any time for any reason, including safety concerns.

11. Indemnification.

• a. You agree to defend, indemnify, and hold harmless Traverse Holdings LLC and its affiliates, and each of their respective members, managers, officers, directors, shareholders, employees, agents, contractors, representatives, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your participation in any activities, programs, or exercise routines; (b) your use of the facilities, being on any of our Premises, or any equipment (including strength, cardiovascular, recovery, sauna, plunges, heated rooms, or altitude equipment); (c) your breach of these Terms or any club rules or policies; (d) your negligent, reckless, or intentional acts or omissions; or (e) the acts or omissions of any guest or other person you permit to access the facilities in connection with you, including claims asserted by third parties. This indemnification obligation shall apply regardless of whether such claims arise in whole or in part from the ordinary negligence of any Indemnified Party, except to the extent prohibited by applicable law, and shall survive the termination of these Terms and the expiration or termination of your membership. “Premises” means all facilities, studios, rooms, parking areas, equipment, and surrounding areas owned, leased, or used by Traverse Holdings LLC.
• b. If you are reading this Agreement as a parent or legal guardian, you agree to indemnify and hold harmless the Indemnified Parties from any claims brought by or on behalf of the minor participant.
• c. Covenant Not to Sue. You agree that you will not initiate, file, or maintain any lawsuit, claim, or action against any of the Indemnified Parties for any claim released under this Agreement. This covenant is a material inducement for Traverse Holdings LLC to permit you to use its facilities.
• d. This indemnification obligation applies regardless of whether such claims are caused in whole or in part by the ordinary negligence of any Indemnified Party, to the fullest extent permitted by Colorado law.

12. Parking Facility.

Your use of any parking areas, lots, garages, or surrounding areas used in connection with Traverse Holdings LLC is at your own risk. Traverse Holdings LLC does not assume responsibility for, and expressly disclaims any liability for, personal injury, theft, loss, or damage to vehicles or personal property occurring in or around parking areas, whether caused by other patrons, third parties, weather conditions, surface conditions, or criminal acts, except to the extent required by Colorado law. You acknowledge that parking areas may present uneven surfaces, limited visibility, or other hazards and agree to exercise due care. You are strongly encouraged not to leave valuables in your vehicle, and Traverse Holdings LLC is not responsible for any items left in your car.

13. Breach of Terms or Club Rules.

If, at any time, you or any guest of yours breaches these Terms or fails to strictly follow our club rules, we may remove you and your guests from our club and terminate any memberships or other purchases you have made from us, without refund.

14. Publicity and Use of Likeness.

You consent to us taking photographs or video of you while in classes or otherwise in the public areas of the club and irrevocably grant to us the right to use your image or likeness in such images or videos in any advertising, promotion, and marketing materials, including any and all social media, print media, or on our website. You expressly grant us the right to use and publish such photographs and video as contemplated herein, all without compensation or payment for such use and publication.

15. Notices.

Any notice which may be permitted or required under these Terms shall be delivered personally, or by email or other electronic means, or sent by United States registered or certified mail, postage prepaid, addressed: (a) to Traverse Holdings LLC, Attn: Management, 2449 S Broadway, Denver, CO 80210, email: info@traversefitness.com. Notice given by email or other electronic means shall be deemed to be received upon the later of confirmation of receipt or 1 business day following the date of transmission. Notice by registered or certified mail or overnight carrier and shall be deemed to be received 2 days following the date of mailing, provided such notice is properly addressed and sufficient postage is affixed thereto, or the actual date of receipt, whichever is earlier.

16. Choice of Law.

These Terms and all related documents including all exhibits attached hereto, and all matters arising out of or relating to these Terms or your use of our facilities, are governed by, and construed in accordance with, the laws of the State of Colorado, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado. Any action arising out of or relating to this Agreement shall be brought exclusively in the state courts located in the State of Colorado, County of Denver.

17. Waiver of Jury Trial.

YOU AND TRAVERSE FITNESS LLC KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.

18. Survival.

Your obligations under these Terms will survive any termination of these Terms or your membership.

19. No Waiver.

The waiver or failure of either party to exercise in any respect any right provided for such party herein shall not be deemed a waiver of any further right hereunder.

20. Severability.

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms and your membership agreement constitute the entire agreement between the parties and supersedes all prior or contemporaneous oral or written agreements or representations. You acknowledge that you are not relying on any oral or written representations, statements, or assurances made by Traverse Holdings LLC or its staff regarding safety, supervision, equipment condition, or risk mitigation, other than those expressly set forth in these Terms.

21. Consent to Contact.

By accepting these Terms, you give us and our vendors consent to contact you at the email address and/or phone number set forth for any matter related to your membership or account, including collection of monies owed, alerts or notices regarding your purchased services or classes, and promotions that may be of interest to you. You may update your communication preferences or revoke your consent to receiving promotional messages at any time. You expressly consent to receive autodialed and/or prerecorded messages from us or on our behalf at the phone number provided, including any wireless number, as applicable (standard text rates apply). Your consent is not a condition of purchase.

22. ASSUMPTION OF RISK AND RELEASE.
**PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.**

• a. You acknowledge and understand that participation in fitness, athletic, training, recovery, and wellness activities (including, without limitation, cardiovascular exercise, interval training, strength training, cycling/spin classes, high-altitude training, recovery modalities (including compression therapy, electronic stimulation, vibration therapy, sauna, cold plunge, infrared light, and similar techniques), and one-on-one training or treatment, involves inherent, unavoidable, and significant risks of physical injury, illness, and death that are integral to and arise from the nature of such activities, even when conducted with reasonable care and under professional supervision. You understand that not all risks, hazards, or dangers can be foreseen, anticipated, or eliminated.
• b. These risks include, without limitation: abnormal blood pressure; fainting; dizziness or lightheadedness; dehydration; muscle strains, sprains, pulls, or tears; ligament or tendon injuries; joint, knee, back, or foot injuries; broken bones; cardiac events; heart rhythm disorders; stroke; altitude-related illness (including high-altitude sickness and reverse-altitude sickness); equipment malfunction or misuse; physical contact with other participants; environmental or facility conditions; and other serious medical conditions, including death. You further acknowledge that your own physical condition, level of fitness, technique, use of prescription or non-prescription medications, or failure to follow instructions may increase these risks.
• c. You expressly assume all risks of injury, illness, or death, whether known or unknown, suspected or unsuspected, latent or patent, arising out of or related to your participation or use of the Premises.
• d. You acknowledge and agree that you are solely responsible for determining whether you are physically, medically, and mentally fit to participate in any activities and that you voluntarily choose to participate despite these risks.
• e. WITH FULL KNOWLEDGE AND UNDERSTANDING OF THE FOREGOING, YOU KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INHERENT OR OTHERWISE, ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN ANY ACTIVITIES OR USE OF OUR PREMISES, REGARDLESS OF THE CAUSE.
• f. RELEASE AND WAIVER. TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE TRAVERSE FITNESS LLC AND THE INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OR LOSSES ARISING OUT OF OR RELATED TO PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE, OR DEATH, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
• g. This release and waiver is binding on you and your heirs, executors, administrators, personal representatives, and assigns. This release does not apply to claims arising from willful or wanton misconduct to the extent such release is prohibited by law.

23. Emergency Medical Authorization.

You authorize Traverse Holdings LLC and its personnel and affiiliates to obtain or provide emergency medical care for you if deemed reasonably necessary in their discretion. You agree that you are solely responsible for all costs associated with such medical care and release the Indemnified Parties from any liability arising from the provision or failure to provide such care, except to the extent prohibited by law.

24. Electronic Signature.

These Terms may be executed electronically and in counterparts, each of which shall be deemed an original. Electronic signatures shall be binding and enforceable to the fullest extent permitted by law.