EQUINOX HOTELS GIFT CARD TERMS AND CONDITIONS
By accessing this website and/or using the gift cards (“Equinox Hotel Gift Cards”) issued by Equinox Hotels Management, Inc. (“Equinox Hotels”), with card processing and other services provided by Equinox Hotels’ service provider Treat Wallet, Inc., dba eGiftify (“Card Services”), you agree to the following Terms and Conditions in addition to any other terms and conditions, terms of use, and privacy policy on the Equinox Hotels and Egiftify websites. Equinox Hotels and Egifity may update these Terms and Conditions, and any other applicable terms and conditions and policies from time to time. The date of last update is listed below. Please visit the websites to stay up to date on the Terms and Conditions as well as any other Equinox Hotels or eGiftify terms and conditions and policies.
The Equinox Hotels Gift Cards are redeemable only for the purchase of directly charged hotel and spa services at Equinox Hotels hotel and spa locations participating at the time of redemption. Please note that the Equinox Hotels Gift Cards may not be used at Equinox fitness clubs or The Spa at Equinox locations, including other non-hotel facilities operated by Equinox. Guests must have the physical or the electronic format of the Equinox Hotels Gift Card in their possession to be entitled to redeem the card.
The maximum value purchasable for an Equinox Hotels Gift Card is $2,000 USD per card. Cards cannot be reloaded and can only be used once. Equinox Hotels Gift Cards do not expire after purchase and no fees are deducted from the balance.
The Equinox Hotels Gift Card may be purchased online and at participating Equinox Hotels locations in U.S. dollars. Discounted Gift Cards may not be redeemed in conjunction with other special offers, negotiated discounts and promotions. Equinox Hotels Gift Cards are not returnable or refundable and may not be exchanged for cash unless required by law. Equinox Hotels Gift Cards have no value unless activated and redeemed. Equinox Hotel Gift Cards may not be used to purchase any other gift cards, including any Equinox Fitness Gift Cards or other Equinox Hotels Gift Cards. Any Equinox Hotels Gift Cards not purchased through Equinox Hotels or Egiftify (“Unlicensed Vendors”) will not be honored. Equinox Hotels Gift Cards may not be sold by any Unlicensed Vendors under penalty of law. You may not sell a Equinox Hotels Gift Card or otherwise barter for its exchange. However, you may transfer a Equinox Hotels Gift Card to another person for no monetary consideration (e.g., as a gift).
The purchaser is responsible for providing an accurate mailing address and email address. Equinox Hotels is not responsible for delivery of an Equinox Hotels Gift Card to an incorrect but deliverable address or a non-existent address that is provided by the purchaser.
The value available on the Equinox Hotel Gift Card will be reduced by the total charges. For balance inquiry, visit https://equinoxhotels.egiftify.com/landingpage or call 212.812.9200. You may also inquire regarding your balance at any participating Equinox Hotels location. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed. It is the responsibility of the cardholder to keep track of the value of their Equinox Hotel Gift Card. Equinox Hotels is not responsible for and will not replace any Equinox Hotel Gift Cards which are lost, stolen or destroyed.
The Equinox Hotels Gift Cards are issued by and represent solely the obligation of Equinox Hotels. However, Equinox Hotels reserves the right to assign these terms and any benefit, liability, or obligations relating to the Equinox Hotels Gift Cards to an assignee at any time without notice in its sole discretion and such assignee shall be the holder of any such benefits, liabilities, or obligations thereafter. Upon any such assignment, you hereby knowingly release Equinox Hotels and its affiliates/subsidiaries (other than the assignee, if applicable) from any and all liability or claims of any nature whatsoever arising in connection with the Equinox Hotels Gift Cards.
Except where prohibited by law, Equinox Hotels reserves the right to refuse, deactivate, cancel, reject or hold for review any Equinox Hotels Gift Card mistakenly issued in an incorrect denomination or issued or procured, directly or indirectly, in connection with fraudulent actions or in connection with any violation of these Terms and Conditions or any other Equinox Hotels terms and conditions.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Arbitration Agreement
You and Equinox Hotels agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Equinox Hotels initiates arbitration, it shall have the choice as between these two arbitration forums.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, INCLUDING ALL ISSUES RELATING TO THE ENFORCEABILITY, INTERPRETATION, SCOPE, AND APPLICATION OF THIS ARBITRATION AGREEMENT (SUCH AS “GATEWAY” ISSUES OF ARBITRABILITY, WHETHER THE ARBITRATION AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION) WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Class Action Waiver
You agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Equinox Hotels or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Equinox Hotels. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Except as described below, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Equinox Hotels regarding the Equinox Hotels Gift Cards, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, whether related to the access to and use of the Equinox Hotels Gift Cards or otherwise, and includes the validity, enforceability or scope of these Terms and Conditions, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.
However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
How Will the Arbitration Work?
Either you or Equinox Hotels may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration.
If you or Equinox Hotels initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, Equinox Hotels will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
Where Will the Arbitration Be Held?
You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that Equinox Hotels initiates an arbitration, it will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case Equinox Hotels may initiate the arbitration in New York. As set forth in “Governing Law” section below, the arbitrator will apply New York law.
LIMITATION OF LIABILITY
EQUINOX HOTELS AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUINOX HOTELS GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND EQUINOX HOTELS’ SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OR IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
These Terms and Conditions and any disputes arising out of or related to purchase or use of the Equinox Hotels Gift Card will be governed by the laws of the State of New York, any state or federal legal actions must be brought in New York, New York. These Terms and Conditions were last updated on November 1, 2020 and may be updated by Equinox Hotels from time to time. Notice of changes will be by reasonable means, which may be by the posting of the revised version of these Terms and Conditions on this website (“Updated Terms”). Your use of a Card after Equinox Hotels has posted the Updated Terms constitutes your agreement to the Updated Terms. We recommend that you periodically check these Terms and Conditions for changes.