Terms & Conditions
OVERVIEW
This website is operated by Contrast Therapy LLC d/b/a Grotto. Throughout the site, the terms “Grotto,” “Grotto Baths,” “Grotto Social Baths,” “we,” “us,” and “our” refer to Contrast Therapy LLC and its Grotto business. Grotto offers this website, including all information, tools, products, bookings, memberships, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, creating an account, booking a session, using Grotto services or premises, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, account holders, members, booking guests, and/or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at https://grottobaths.com/terms-and-conditions. Our Privacy Policy is available at https://grottobaths.com/privacy-policy and explains how we collect, use, disclose, and retain personal information. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our public storefront is hosted on Shopify Inc. Our member portal and account system are operated by Grotto using third-party providers for identity management, booking, and messaging.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms & Conditions, you represent that you are at least 18 years old and the age of majority in your state, province, or jurisdiction of residence. Accounts, memberships, and online purchases are not intended for individuals under the age of 18. Minors may access or use Grotto premises or services only if permitted by applicable facility rules, waivers, membership terms, and staff instructions, including any direct-supervision requirements.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Payment card information may be collected, processed, and stored by our booking platform and/or payment processors on our behalf, including to keep a card on file for bookings, deposits, no-show fees, memberships, or other authorized charges. Grotto does not directly store or access your full payment card number or card security code.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Bookings, memberships, deposits, no-show fees, cancellation fees, card-on-file requirements, check-in requirements, guest policies, and service-specific rules may be presented during booking, checkout, account signup, in your account, in confirmation messages, or at the premises. Those additional rules are incorporated into these Terms to the extent they apply to your purchase, booking, membership, or use of Grotto services. If these general Terms conflict with a signed membership agreement, signed waiver, booking-specific policy, or legally required disclosure that applies to you, the more specific agreement, policy, or required disclosure controls for that subject.
Grotto services involve heat, cold, water, steam, sauna, bathing, contrast therapy, and related premises use. You are responsible for deciding whether the services are appropriate for you and for following all posted rules, staff instructions, safety notices, time limits, and check-in procedures. Our services and website content are not medical advice and are not a substitute for advice from a qualified healthcare provider.
Before using certain services or premises, you may be required to sign a waiver, acknowledgment, release, safety confirmation, or similar document. If you do not complete a required waiver or follow applicable safety rules, we may refuse, suspend, or terminate your access to the Service or premises.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase, booking, waiver, and account information for all purchases, bookings, memberships, and account activity. You agree to promptly update your account and other information, including your email address, mobile phone number, billing information, and payment card information where applicable, so that we can complete your transactions, maintain bookings or memberships, keep authorized cards on file through our service providers, and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - SMS / TEXT MESSAGING PROGRAM
Grotto operates an SMS messaging program. By providing your mobile phone number to Grotto as part of our account signup process, or otherwise consenting to receive text messages from us, you agree to the terms in this Section. This Section is intended to work together with our Privacy Policy at https://grottobaths.com/privacy-policy.
Two categories of messages.
1. Transactional / account messages (required at account signup). When you create a Grotto account, you are required to consent to receive transactional text messages at the mobile number you provide. These messages help us operate your account and bookings and may include account verification and security codes, booking confirmations, appointment reminders, schedule changes or cancellations, membership and billing notices, waiver and check-in links, customer-service replies, and other account-related notifications. You may opt out of transactional SMS after signup as described below, but some account or booking communications may then be sent by email or handled through customer support instead.
2. Marketing / promotional messages (always optional). Marketing messages — such as promotions, special offers, new-location announcements, and event invitations — are sent only if you separately opt in. You may opt in or opt out of marketing messages at any time. Consent to receive marketing messages is not a condition of purchase or of any Grotto service.
How you opt in. During our account signup process, after you create an account and verify your email, you are asked to enter your mobile number and presented with two separate, unchecked-by-default consent checkboxes — one for transactional messages and one for marketing messages — together with disclosures regarding message frequency, message and data rates, and the STOP and HELP keywords, plus links to these Terms and our Privacy Policy. The transactional message checkbox must be checked to complete account signup. The marketing message checkbox is optional. You opt in to each category by checking the corresponding box and submitting the form. You may also opt in or out of marketing messages later by updating your account settings. By opting in, you confirm that you are the subscriber or customary user of the mobile number provided and that you are authorized to consent to receive text messages at that number.
Message frequency. Message frequency varies based on your account activity, bookings, and the categories of messages you have agreed to receive.
Message and data rates. Message and data rates may apply, depending on your mobile carrier and plan. Grotto does not charge a fee to receive messages, but your carrier may.
How to opt out (STOP). You can opt out of marketing messages at any time by replying STOP to any marketing text message from Grotto. After you reply STOP, you will receive a one-time confirmation message and will not receive further marketing messages. Opting out of marketing does not end transactional messages. You may opt out of transactional SMS after signup by replying STOP to a transactional message, updating your account settings where available, or emailing hello@grottobaths.com; closing your account will end all messaging.
How to get help (HELP). For help with our messaging program, reply HELP to any message from Grotto, email hello@grottobaths.com, or visit https://grottobaths.com. Replying HELP returns our contact information and a link to these Terms.
Supported carriers. Grotto’s messaging program is compatible with major US carriers, including AT&T, T-Mobile, Verizon Wireless, US Cellular, and most regional carriers. Carriers are not liable for delayed or undelivered messages.
No guarantee of delivery. Grotto is not responsible for any delays, failed deliveries, or errors in messages caused by your wireless carrier or network conditions. Delivery is subject to effective transmission from your network operator and is not guaranteed.
Privacy. Information collected as part of the SMS program including your mobile number, consent status, and message content is handled in accordance with our Privacy Policy at https://grottobaths.com/privacy-policy. We do not sell, rent, or share mobile phone numbers or SMS opt-in or consent data with third parties or affiliates for marketing or promotional purposes. Mobile information is shared only with the service providers that help us deliver messages, and only for the purpose of operating the messaging program.
Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction) and the account holder or authorized user of the mobile number you provide.
Changes to the program. We may modify or terminate the SMS program at any time, with or without notice. Material changes will be posted on this page; your continued participation in the program after changes are posted constitutes acceptance of those changes.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store, member portal, booking platform, SMS program, waiver process, or premises-use process is governed by our Privacy Policy at https://grottobaths.com/privacy-policy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Grotto, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
This limitation of liability applies only to the fullest extent permitted by law and is subject to any signed membership agreement, signed waiver, booking-specific policy, or legally required disclosure that applies to you. Nothing in these Terms is intended to limit liability where limitation is prohibited by law, including for gross negligence, intentional misconduct, or other claims that cannot lawfully be waived.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Grotto and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitute the general agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous general website agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions). If you sign a membership agreement, waiver, release, booking agreement, or other service-specific agreement, that agreement also applies and controls over these general Terms for its specific subject matter if there is a conflict.
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law principles.
SECTION 20 - CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms & Conditions at any time at https://grottobaths.com/terms-and-conditions.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms & Conditions should be sent to us at hello@grottobaths.com.