EQUINOX CIRCLE TERMS AND CONDITIONS

Last Updated: May 23, 2023  Equinox Circle is a luxury loyalty program where a curated collection of third-party brand partners (“Partners”) provide eligible Equinox members and EQUINOX+ subscribers with exclusive and differentiated offers and experiences (the “Program” and each offer or experience, an “Offer”). The following terms and conditions (“Program Terms”) form an agreement between you and Equinox Holdings, Inc. (on behalf of itself and its affiliates, “Equinox” or “we”) and apply to your participation in the Program. Program Terms apply only to this Program and are in addition to and supplement any other agreements between you and Equinox or its affiliates, including any arbitration agreements and class action waivers, memberships agreements, subscriber agreements, member policies, and other applicable Terms of Use (collectively “Other Agreements”). By accessing and using the Program website or content (“Program Site”), redeeming Offers, or otherwise participating in the Program, you are agreeing to these Program Terms.   ELIGIBILITY  To be eligible to participate in the Program and redeem Offers, you must be a member of Equinox or a subscriber to EQUINOX+ and (2) at least 18 years of age as of the date you participate in the Program. Equinox members and EQUINOX+ subscribers who at any time have a past due balance or are otherwise not in good standing are not eligible to participate. Offers are available to current members and current subscribers and will automatically become null and void to you upon cancellation of your membership or subscription. Employees of Equinox and its affiliates are not eligible to participate in the Program or redeem Offers unless specifically stated by the Offer or separately communicated to them by Equinox in writing. Equinox reserves the right to, in its sole discretion, change the eligibility criteria and/or limit the terms of participation, including by limiting access to the Program while your account is on freeze.  Offers are available exclusively to Equinox members and EQUINOX+ subscribers. Should multiple subaccounts be associated with the same account, the primary account holder of record with Equinox or EQUINOX+ will be considered the eligible participant. Sharing Offers with non-members and other persons is strictly prohibited and may result in your exclusion from the Program, in addition to other remedies available to Equinox.   REDEEMING OFFERS   Visit each Offer-specific page within the Program Site for instructions on how to redeem that Offer. Redemption methods may vary from Partner to Partner – for example, some Offers may require you to enter a promotional code at check-out while others may require visiting a specific webpage and creating an account with the Partner. Only purchases and redemptions made by following all applicable instructions are eligible for the Offer. Offers may not be applied to past purchases or to purchases that do not satisfy all Offer-specific redemption instructions, including purchases made after an Offer’s redemption period or availability.  The Offers presented each time you visit Program Site are the only Offers available to you at that time. Offers may be changed or be available for limited time periods and/or a limited number of redemptions, and Equinox reserve the right to expire, change, or replace Offers at any time by removing, updating or replacing the Offer from or on the Program Site.  When participating in the Program, you must comply with these Program Terms and all Other Agreements applicable to you. Equinox reserves the right to, in its sole discretion, disqualify you from the Program, and/or cancel the membership or subscription of, any participant it believes is tampering with or abusing the Program, engaging in fraudulent activities, or otherwise violating these Program Terms, Other Agreements or applicable law. Equinox further reserves the right to seek damages from any such individual to the fullest extent permitted by law.   PARTNER FULFILLMENT  All Offers are provided entirely by our Partners and not by Equinox. Each Partners controls all aspects of redeeming, delivering, and fulfilling each Offer and the associated goods or services, including by setting and enforcing their own terms, policies and procedures, including with respect to exclusions, pricing, shipping, fees, returns, refunds, damage, and usage. Equinox and its affiliates are not responsible for returns or refunds (if any), and all questions about purchases or returns should be directed to the Partner, using the contact information on the Partner Site (as defined below).  OFFER TERMS  Offers are made available in Equinox’s and its Partners’ discretion and on an “as is” and “as available” basis. Quantities may be limited and Offers are available while supplies last. Offers have no cash value, do not constitute gift cards, and are non-refundable, non-transferable, and non-descendible. Each Offer consists of only the item(s) specifically listed as part of the Offer. Participants are solely responsible for all costs and expenses incurred when redeeming and using an Offer, including the purchase of goods or services from a Partner and any applicable taxes.   Your redemption of Offers is also subject to any terms, conditions, and limitations applicable to that specific Offer. Offer-specific terms may appear on the Offer page in the Program Site, as well as on the applicable Partner Site. Each Partner, not Equinox, is responsible for setting any Offer-specific terms, and reserves the right to change those terms at any time by updating their Partner Site or the Offer page within the Program Site.  PARTNER SITES AND PRIVACY  The Program Site contain links to each Partner’s website, app or digital platform (a “Partner Site”). When you click these links, you are leaving the Program Site and accessing a Partner Site over which Equinox has no control. Any information you provide via a Partner Site when you redeem an Offer, create a Partner Site account, purchase goods or services from Partner or otherwise interact with a Partner Site, is collected and processed by that Partner, not Equinox, and is subject to that Partner’s privacy policies and practices. Equinox does not maintain, and is not responsible or liable for, any Partner Site or for any Partner’s business and privacy practices and policies. Equinox’s provision of Offers and links to Partner Sites should not be viewed as an endorsement by Equinox of the Partner Site or the Partner’s business or privacy practices and policies. Partners may share certain information about you with Equinox, for Equinox’s administration of the Program and other purposes determined in Equinox’s sole discretion, and Equinox may also provide Partners with your information in connection with the Program, including to verify your eligibility. By participating in the Program, you are consenting to the foregoing sharing and use of your information, subject to applicable law.  CHANGES  Equinox reserves the right to change, modify or cancel the Program and/or these Program Terms, in its sole discretion, at any time and without notice to you. Changes to these Program Terms will be made to this page and you are responsible for periodically checking it to ensure you agree with the current Program Terms.  DISCLAIMER  EQUINOX, ITS AFFILIATES, AND PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATED TO PROGRAM AND OFFERS. BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PROGRAM IS TO STOP PARTICIPATING IN IT. YOU FURTHER AGREE THAT EQUINOX AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR DISSATISFACTION WITH A PARTICULAR OFFER OR THE GOODS OR SEVICES PROVIDED THROUGH THAT OFFER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EQUINOX, ITS AFFILIATES,  PARTNERS, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY DEATH, PERSONAL INJURY, LOSS OF USE, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THESE PROGRAM TERMS OR YOUR PARTICIPATION IN THE PROGRAM. IN ADDITION, IF AND TO THE EXTENT EQUINOX IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE PROGRAM TERMS OR YOUR PARTICIPATION IN THE PROGRAM, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EQUINOX FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO TEN DOLLARS ($10.00 USD), EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF, PURSUANT TO APPLICABLE STATE LAW, THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED, THE LIABILITY OF EQUINOX AND ITS PARTNERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.