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USER TERMS OF SERVICES

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE BOOKING ON THE SWEETWATER GROUP PLATFORM. BY USING THE SWEETWATER GROUP PLATFORM, YOU CERTIFY YOU ARE AN ADULT WITH FULL AUTHORITY TO ENTER INTO THIS CONTRACT WITH SWEETWATER GROUP AND THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS AS AN INTEGRAL PART OF YOUR AGREEMENT AND CONTRACT WITH SWEETWATER GROUP.

Last Updated: May 25, 2021

These Terms of Service “Terms” constitute a legally binding agreement between you and SWEETWATER GROUP (as defined below) governing your access to and use of the SWEETWATER GROUP Platform, including any and all associated services. The Website and SWEETWATER GROUP Services together are collectively referred to as the SWEETWATER GROUP Platform. Our Privacy Policy applicable to your use of the SWEETWATER GROUP Platform is incorporated by reference into this agreement.

When these Terms mention “SWEETWATER GROUP,” “the SWEETWATER GROUP Platform”, “SWEETWATER GROUP experience and/or stay”, “we,” “us,” or “our,” it refers to the SWEETWATER GROUP company you are contracting with. When these Terms mention “User”, “Guest”, it refers to you, the party entering this agreement with SWEETWATER GROUP.

Upon confirmation of your SWEETWATER GROUP booking, these terms govern your SWEETWATER GROUP experience and/or stay and constitute a binding contract and Terms of Service governing your rights and the relationship between you and SWEETWATER GROUP. SWEETWATER GROUP makes no verbal or written representation, warranty or agreements with respect to any SWEETWATER GROUP experience and/or stay and SWEETWATER GROUP’s responsibilities and liabilities are expressly limited as provided in these Terms.

RESPONSIBILITY

The responsibility of SWEETWATER GROUP in connection with your stay is strictly limited.

SWEETWATER GROUP makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any other provider and any transportation, accommodation, services, products or facilities provided by other providers. You should always exercise due diligence and care when deciding to stay in an accommodation, participate in an experience and/or stay or event. Images are intended only to indicate a photographic representation of accommodation at the time the photograph was taken, and are therefore not an endorsement by SWEETWATER GROUP. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action or inaction by any other provider, including but not limited to any negligent or willful act or failure to act of any other provider or of any other third party.

We will not be liable to you in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive, special or exemplary, or incidental damages, however caused and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. SWEETWATER GROUP shall not be liable to any guest for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances.

You agree to assume responsibility for your own safety, and we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in your home country. At any given moment there are also likely to be “trouble spots” in the world in terms of war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The Canadian government and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specific cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. We assume no responsibility for gathering such information or providing it to you.

For your benefit, we strongly recommend you purchase travel protection to protect against loss or damage to baggage and personal effects, trip cancellation and interruption, emergency evacuation, accidental death or injury, illness and medical expenses sustained or incurred in connection with your experience and/or stay.

SWEETWATER GROUP INC., its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, assigns (collectively “SWEETWATER GROUP”) and its designated team members shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons suffered during an experience and/or stay, whether or not occasioned directly or indirectly by an act or omission of SWEETWATER GROUP or any other provider, including but not limited to any latent or undisclosed defect in any room, apartment, building, or other service or property operated or provided by any other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the other providers, or any laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The user waives any claim against SWEETWATER GROUP and/or its team members for any such loss, damage, injury, or death.

ELIGIBILITY, USE OF THE SWEETWATER GROUP PLATFORM

As a condition of your use of the SWEETWATER GROUP Platform, you warrant:

you are at least 18 years of age; you possess the legal authority to create a binding legal obligation; you will use the SWEETWATER GROUP Platform in accordance with these Terms; you will only use this Platform to make legitimate reservations for yourself; all information supplied by you on this Platform is true, accurate, current and complete.
We retain the right at our sole discretion to deny access to anyone to this Platform and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

Right to Expel Users: SWEETWATER GROUP reserves the right to expel any users from accommodations and/or properties, for reasons, including, but not limited to, lack of payment or if we deem it necessary for the comfort, convenience or safety of others, or if we determine you have engaged in illegal actions. If we expel you, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of your experience and/or stay and you will be responsible for your future housing and travel costs.

ACCOMMODATIONS

Booking Accommodation: You understand that a confirmed booking of an Accommodation is a limited license granted to you to enter, occupy and use the Accommodation for the duration of your stay.

Overstaying: You agree to leave the Accommodation no later than the checkout time that is specified in your booking confirmation or such other time as mutually agreed upon between you and SWEETWATER GROUP. If you stay past the agreed upon checkout time without consent, you no longer are allowed to stay in the Accommodation and /SWEETWATER GROUP is entitled to make you leave in a way that is consistent with the applicable law. In addition, you agree to pay, if requested by SWEETWATER GROUP, for each twenty-four hour period (or any portion of it) that you overstay, an additional fee to cover the inconvenience suffered by SWEETWATER GROUP. If you overstay at an accommodation and/or property, you authorize SWEETWATER GROUP to charge you to collect overstay fees.

Damages: As a Guest, you are responsible for leaving any and all accommodations and/or properties (including any personal or other property located at the accommodation an/or property) in the condition they were in when you arrived. You are responsible for your own acts and omissions, and those of any individuals whom you invite to, or otherwise provide access to, the accommodation, excluding SWEETWATER GROUP (and individuals SWEETWATER GROUP invites to the Accommodation, if applicable).

If SWEETWATER GROUP claims and provides evidence that you, as a Guest, damaged an Accommodation or any personal or other property at an accommodation, SWEETWATER GROUP will inform you of and give you an opportunity for mediation. If no response or evidence otherwise is provided within 24 hours, you authorize SWEETWATER GROUP to charge you.

COSTS, FEES, REFUNDS & CANCELLATIONS

Included in Cost: Limited only to; accommodation and/or property and/or events in line with SWEETWATER GROUP locations, including common workspace and events, from time to time. All costs are inclusive of taxes.

Not Included: Passport, visa, and permit expenses; medical expenses and immunizations; personal expenses such as meals, laundry, sim cards, telephone calls, alcoholic beverages; and any other items not specifically noted as included. SWEETWATER GROUP does not provide guidance on visa processes. The responsibility will ultimately be the users to ensure they have the necessary visas to travel.

Service Fees: SWEETWATER GROUP may charge fees to users, Service Fees, in consideration for the use of the SWEETWATER GROUP Platform and/or any SWEETWATER GROUP stay. Any applicable Service Fees will be displayed to a user prior to booking. SWEETWATER GROUP reserves the right to change the Service Fee at any time, and will provide users adequate notice of any fee changes before they become effective. The applicable Service Fees are non-refundable.

Refunds: During the experience and/or stay, no costs will be reimbursed. Arriving late or leaving early, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of the stay.

Cancellations: Any and all cancellations within 24 hours of check-in, will receive no reimbursement.
Locations: SWEETWATER GROUP reserves the right to remove any locations because of good-faith concerns with respect to the safety, health, or welfare of the users. If a location is canceled after booked, SWEETWATER GROUP will provide users with a full refund of monies paid to SWEETWATER GROUP; except in the event the cancellation is due to a significant event that makes it infeasible to operate as planned, in which case SWEETWATER GROUP will provide users with a refund and/or credit toward a future SWEETWATER GROUP experience and/or stay equivalent to monies paid. Except as outlined above when SWEETWATER GROUP cancels a location, SWEETWATER GROUP has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled location or for any additional arrangements should users embark prior to their scheduled date.

Documentation: Users are responsible for obtaining any documents required for travel such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the users responsibility.

Third-Party Websites: The SWEETWATER GROUP Platform contains links to third-party websites or resources, that may be subject to different terms and conditions and privacy practices. SWEETWATER GROUP is not responsible or liable for the availability or accuracy of such third-party services, or the content, products, or services available from them. Links to such third-party services are not an endorsement by SWEETWATER GROUP.

Platform Availability: SWEETWATER GROUP cannot guarantee the continuous, uninterrupted availability and accessibility of the SWEETWATER GROUP Platform due to the nature of the Internet. SWEETWATER GROUP may restrict the availability of the SWEETWATER GROUP Platform or certain features, if necessary for the security or integrity of our servers, or to carry out maintenance that ensures the proper or improved functioning of the SWEETWATER GROUP Platform. We may also improve, enhance and modify the SWEETWATER GROUP Platform and introduce new SWEETWATER GROUP Services from time to time.

PHOTOGRAPHY

Photographs and videos: We reserve the right to take photographs and video during your time with SWEETWATER GROUP and at SWEETWATER GROUP related events and activities. By staying with SWEETWATER GROUP, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness.

Photographs and video of your experience and/or stay may be submitted to us by you or by third parties such as (but not limited to) other users, third-parties, or our partners. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.

Advertising: To promote SWEETWATER GROUP, and to increase the exposure to potential users, guests, properties, accommodations, workspaces, fitness studios and other user content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.

TIME LIMITATION; ARBITRATION; CHOICE OF FORUM AND LAW; CLASS ACTION WAIVER:

  1. a) Time Limits for Legal Action: Any claim or legal action whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with your experience and/or stay or against SWEETWATER GROUP must be commenced within one (1) year from the date of injury, illness or death or the date the incident giving rise to the claim occurred or else shall be irrevocably waived, notwithstanding any provision or law of any state or country or international convention to the contrary.
  2. b) Agreement to Arbitrate; Forum: You agree that any claim or dispute whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with your experience and/or stay or against SWEETWATER GROUP, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration to be administered by the Canadian Arbitration Association (“CAA”) using one mutually selected arbitrator according to the then existing rules of the CAA. The arbitration shall be held in the province of Ontario, to the exclusion of any other forum, and you consent to jurisdiction and waive any objections to arbitration proceeding in Ontario. You agree that the costs of the arbitration shall be split between the parties. The arbitrator, and not any federal, provincial, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionable, or formation of this contract and the arbitration agreement, including but not limited to any claim that all or any part of these terms and conditions are void or voidable. Any action to enforce the arbitrator’s decision shall be brought in the provincial or federal courts in Ontario. In the event the arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then, the provisions of subsection (c) below governing forum shall exclusively apply to any lawsuit involving claims described in this subsection.

NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

You and we further agree to permit the taking of a deposition under oath of the user asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.

  1. c) FORUM FOR ALL OTHER CLAIMS: ANY AND ALL CLAIMS OR DISPUTES RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT OR YOUR experience and/or stay AGAINST SWEETWATER GROUP AND NOT SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE COURTS OF THE PROVINCE OF ONTARIO, CANADA, TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE AND COUNTRY. ANY AND ALL CLAIMS OR DISPUTES RELATING TO, ARISING OUT OF OR CONNECTED WITH YOUR experience and/or stay AGAINST ANOTHER PROVIDER OR A NON-AFFILIATED THIRD PARTY SHALL BE BROUGHT, IF AT ALL, WHEREVER SUCH ENTITIES MAY BE PROPERLY SUBJECT TO JURISDICTION.
  2. d) Choice of Law: Any claim or dispute relating to, arising out of or connected with your stay, trip and/or provision of services other than on a vessel, whether subject to arbitration or otherwise, shall be governed by the laws of the Province of Ontario without regard to conflict of law principles. Any claim or dispute relating to, arising out of or connected with any vessels, whether subject to arbitration or otherwise, shall be governed by the general maritime law of Canada, and if not inconsistent, the laws of the province of Ontario without regard to conflicts of law principles.
  3. e) WAIVER OF CLASS ACTION: THESE TERMS AND CONDITIONS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY A USER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND EACH USER EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING USERS TO PARTICIPATE IN A CLASS ACTION. IF A CLAIM IS SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. EACH PARTICIPANT AGREES THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SUBSECTION (b) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.

GENERAL PROVISIONS

No employment, or partnership exists between you and SWEETWATER GROUP as a result of your use of the SWEETWATER GROUP Platform or this Agreement.

If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be struck and will not affect the validity and enforceability of the remaining provisions.
If you have any questions about these Terms please email support@sweetwatergroup.ca

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