TERMS & CONDITIONS
These terms and conditions (“Terms & Conditions”) apply to any websites (each a “Site”) owned or licensed by George Super TopCo LLC, its affiliates and partners ("Freehand," “us,” “we,” “our”).
Your use of this Site is subject to these Terms & Conditions along with any specific terms and conditions set forth on the individual pages within this Site (collectively, the “Terms & Conditions”) and all applicable regulations and laws, including, but not limited to, those relating to trademark, copyright, and other intellectual property rights. Your submission of information on this Site is subject to Freehand’s Privacy Policy, which is hereby incorporated into these Terms & Conditions.
PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SITE. BY ACCESSING THE SITE YOU AGREE TO ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to amend any section of the Terms & Conditions without notice by posting an amended statement on the Site. Your continued access or use of the Site means that you accept and agree to the revised Terms & Conditions. Please exit the Site immediately if you do not accept these Terms & Conditions (as amended from time to time).
USE OF THE SITE
GENERAL
The services of the Site are not intended for and should not be used by minors. You may only use the services of this Site if you are at least 18 years of age and can form legally binding contracts under applicable law. Additional terms and conditions may apply to reservations, transactions, purchases, activities, or uses that may occur on or through this Site. You agree to comply with these Terms & Conditions and any applicable additional terms and conditions. We may enable you to establish an account with a username and password to access and use the certain areas of the Site, and other services. You are responsible for preserving the confidentiality of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by any third party using your account information. You agree to (a) immediately notify us of any unauthorized use, or any other breach of security, of your password or account, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
CREDIT CARD INFORMATION
If available, the storage of payment card information on the Site is optional unless a guest opts for a pre-check in, in which case the storage of such information is mandatory. It is not required to use the Site. Saving payment card information may expedite your future reservation process. Payment card information may be maintained until (and after) the expiration date of the payment card and you will be responsible for updating any payment card information that you provide. You acknowledge that Freehand may communicate this information to facilitate reservations or as requested by you, including through applications on any device that you use to interact with Freehand.
RESERVATIONS
You may only use the Site to make reservations or purchases for yourself and your invited guests or an individual for whom you have been authorized in advance to act. Unless you have obtained prior written permission from Freehand, you may not use the Site to make reservations or purchases for other purposes, including, but not limited to, commercial objectives of reselling rooms or reservations, advertising, marketing, posting, or otherwise distributing rooms, reservations, or availability (including without limitation on third-party web sites), making speculative, false, or fraudulent reservations, or reserving rooms in anticipation of demand. Reservations made in violation of these Terms & Conditions may be cancelled without notice at Freehand’s sole discretion. Freehand reserves the right to cancel without notice reservations that transpired in violation of these Terms & Conditions. Any updates or revisions to these Terms and Conditions may apply to your reservations or purchases.
PROMOTIONAL INFORMATION
The Site may provide or display information relating to specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please read carefully and refer to the terms, conditions and restrictions of each Promotional Offer. Freehand reserves the right to alter or withdraw any such Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links to third party websites. Freehand provides these links solely for your convenience. The inclusion of these links in no way indicates Freehand’s endorsement, approval, or support of such site’s content, products, services, or operators. We undertake no obligation to monitor or review any sites linked to or from the Site. Your use of any such site is subject to the terms and conditions and privacy policies of such sites, and not those of Freehand, and is at your own risk. We are not responsible for the practices, services, products, or content of third party sites. Additionally, you agree not to link your site or any other third party site to the Site without express prior written consent of Freehand. In addition, certain actions you take on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or on third party sites.
FREEHAND’S RIGHT TO CANCEL / ERRORS / MISTAKES
The Site may contain typographical, technical inaccuracies, or other errors in connection with information displayed on the Site, including, but not limited to, fees, rates, or availability applicable to your transaction. Freehand assumes no responsibility or liability for such inaccuracies, errors, or omissions. Freehand reserves the right not to honor reservations or information affected by such inaccuracies, errors, or omissions. Freehand reserves the right to make corrections, changes, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after a reservation is confirmed.
MISCOMMUNICATIONS / LOST TRANSACTIONS
Freehand assumes no responsibility or liability for communication errors, difficulties, failures, or other malfunctions or lost, stolen, or misdirected transmissions, transactions, entries, or messages on or in connection with the Site. Freehand is not responsible for any incorrect information associated with any transmission or transaction to or on the Site regardless of whether such incident is the result of system error, user error, or human error.
AVAILABILITY
The Site is available to anyone with Internet access. The Site may become unavailable due to maintenance or repairs or due to computer malfunctions, crashes, disruption in Internet service or other unforeseen circumstances. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location. The content on the Site, including advertising content, is intended for use and display only where permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
PROHIBITED USES
Any commercial use of this Site is strictly prohibited unless you have obtained express prior written consent from Freehand. You may not use this Site to post or transmit any unlawful, threatening, libelous, infringing, defamatory, indecent, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere or disrupt the Site, (b) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without Freehand’s prior express written consent, (c) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without Freehand’s prior express written consent, or (d) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, disrupt, intercept, or harm (or intend to do any of the preceding) the Site, including the underlying hardware, software, systems, and any users of the Site or their devices.
FREEHAND DISCLAIMER
Certain pages on this Site and certain independent sites affiliated with Freehand or a Freehand affiliate, may contain information about specific projects associated with Freehand or its affiliates and partners. WITH RESPECT TO SUCH PAGES AND SITES, MATERIALS ON SUCH PAGES AND SITES DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF ANY KIND, NOR ARE THEY INTENDED TO BE DISTRIBUTED IN OR CONSTITUTE AN OFFER IN ANY STATE OR COUNTRY IN WHICH FREEHAND OR THE APPROPRIATE DEVELOPER OF A PROJECT, HAS NOT REGISTERED TO SELL PROPERTY, IF REQUIRED.
USER GENERATED CONTENT TERMS OF SERVICE
By responding with [#FREEHAND], you agree to the following terms:
You hereby grant to Freehand, its affiliates and partners and related entities a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your social media feed such as Facebook®, Instagram® or Twitter® photograph(s) that have been tagged with [#FREEHAND] or that have otherwise been mutually agreed upon between you and Freehand (“Photos”), or any portion of your Photos, in any manner, and for any purpose, in its sole discretion, including but not limited to on its webpages or in its marketing and advertising materials. You hereby represent and warrant that: (a) you own all rights in and to your Photos; (b) you have permission from any person(s) appearing in your Photos to grant the rights herein; (c) you are not a minor; and (d) Freehand’s use of your Facebook®, Instagram® or Twitter® handle or Photos will not injure or violate the rights of any third party, or violate these Terms and Conditions or any law. You hereby release, discharge and agree to hold harmless Freehand and any person acting on Freehand’s behalf from any liability related in any way to Freehand’s use of your Facebook, Instagram or Twitter handle or your Photos.
SMS & MMS MESSAGING TERMS OF USE
By using our Site you consent to receive SMS/MMS messages (including by auto-dialers) from us related to our business and the services we provide to you. If you receive an SMS/MMS message from use you may text “HELP” for help and text “STOP” to terminate (i.e., opt-out) of that subscription. Your consent to receive a SMS/MMS message is not a condition of purchase. Third party mobile carriers are not liable for delayed or undelivered messages. Please note message and data rates may apply. SMS/MMS messages are intended to be a reasonable effort communication and represent just one component of Freehand communication system. SMS/MMS message notifications may be delayed or not received during regional emergencies or other periods of high messaging traffic. Third parties can send SMS/MMS messages disguised as alerts from Freehand and therefore you are urged to independently verify the authenticity of any message that you receive. SMS/MMS message notification from Freehand will be presented on your mobile device in the same manner as any other SMS/MMS messages. SMS/MMS messages may contain or reference trademarks or other proprietary rights of Freehand, its affiliates or partners. No license to or right in any such trademarks and other proprietary rights of Freehand and/or other parties is granted to or conferred upon you. To the maximum extent permitted by law, all information contained in SMS/MMS messages is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the receipt, use, failure of, or inability to use, SMS/MMS messages.
INTELLECTUAL PROPERTY
COPYRIGHT
Unless otherwise noted, all content on this Site is the copyrighted property of Freehand, its affiliates or partners, or licensors. All content of this Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.
GENERAL/OWNERSHIP
Unless expressly stated otherwise, the content included on the Site, including, but not limited to text, software, photographs, graphics, images, artwork, illustrations, video, sound, music, names, logos, trademarks and service marks, are the property of Freehand or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a standard Internet browser to conduct customary web browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. Except for non-commercial individual private use, the downloading, retransmission, or reproduction of the Site (or any part of its content) is strictly prohibited. You may not modify, reproduce, distribute, retransmit, disseminate, sell, publish, circulate or broadcast any material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Freehand’s express written consent.
FREEHAND TRADEMARKS
Freehand and other related marks used on the Site including, without limitation, “Freehand Logos, Broken Shaker, 27 Restaurant, Café Integral, Rudolph’s Bar & Tea, The Exchange, Studio, George Washington Bar, Simon & The Whale, and Smile To Go” and all derivatives thereof, are trademarks of Freehand, its affiliates or its partners. The use of the ® symbol (if used) designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, designs, logos, and trade dress shown on the Site are owned by Freehand (or its affiliates and partners) and protected by the trademark laws of the United States and other jurisdictions whether or not the ® or ™ symbols are, or are not, used.
MATERIALS SUBMITTED BY YOU
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, such as questions, comments, searches, and suggestions, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the Site, whether ideas, creative concepts or other materials, in any format, including, but not limited to, writings, images, illustrations, audio recordings, and video recordings, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Freehand respects the intellectual property rights of third parties. Freehand responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Whether or not Freehand believes it is liable for any copyright infringement for which it is provided notice, Freehand’s acknowledgment may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Freehand’s discretion and operating within the guidelines of the DMCA.
If we remove or disable access in response to a DMCA Notice (as defined below), we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact: George Super TopCo LLC at legal@thefreehand.com
INCLUDE THE FOLLOWING INFORMATION:
• A legend or subject line that says: “DMCA Copyright Infringement Notice”;
• your name, address, telephone number and email address;
• a description of the allegedly infringing material and where it is located on the Site;
• a description of the copyrighted work that you claim has been infringed;
• a statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
• your written or electronic signature attesting to the above.
It is often difficult to determine if your copyright has been infringed. Freehand may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Freehand may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Freehand’s other rights, Freehand may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other site owned or operated by Freehand.
COUNTER-NOTIFICATION
If access on the Site to a work that you submitted to Freehand is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
• A legend or subject line that says: “DMCA Counter-Notification”;
• a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Site from which the material was removed or access to it disabled);
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
your full name, address, telephone number, email address, and the username of your account;
• a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
• your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
GENERAL LEGAL TERMS
RIGHT TO RESTRICT ACCESS
In addition to any other rights or remedies available to Freehand, Freehand may, without any liability whatsoever, at its sole discretion restrict or terminate your access or use of this Site at any time and without notice.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, FREEHAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY OF SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).
WARRANTY DISCLAIMER
THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. FREEHAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE AND NON-INFRINGEMENT. FREEHAND DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, MALICIOUS CODE, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH FREEHAND TAKES REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND FREEHAND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE SITE OR, ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE, WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
INDEMNITY
You will indemnify Freehand and its officers, directors, agents, employees and representatives, against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify Freehand against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
JURISDICTION / GOVERNING LAW / CHOICE OF FORUM
This Site is operated and controlled by Freehand from its offices within the State of New York, United States of America. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of New York, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in or near New York, New York, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
DISPUTE RESOLUTION
To the fullest extent not prohibited by applicable law, if any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or these Terms, then you and Freehand agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your written notice to us must be sent to:
George Super TopCo LLC
c/o Generator Chicago
19 East Ohio St., Chicago, IL 60611
Subject to applicable law, for a period of sixty (60) days from the date of receipt of notice from the other party, Freehand and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Freehand to resolve the dispute on terms with respect to which you and Freehand, in each of our sole discretion, are not comfortable. To the fullest extent not prohibited by applicable law, if you or Freehand wants to assert a dispute against the other, such dispute must be commenced (by delivery of written notice as set forth above) within one (1) years after the dispute arises.
NO WAIVER
Freehand’s failure to enforce or insist upon strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Freehand nor any trade practices shall be considered to modify these Terms & Conditions.
SEVERABILITY
If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.
COMMUNICATIONS AND e-CONTRACTING
When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree or consent via the Site, it is intended to be an electronic signature which binds you as if you had signed on paper.
FORWARD LOOKING STATEMENTS
Certain statements and assumptions in this Site contain or are based upon “forward-looking” information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. When we use the words “will,” may,” “estimate,” “anticipate,” “should,” “believe,” “expect,” “intend,” or similar expressions, we intend to identify forward-looking statements. These statements are subject to numerous uncertainties and assumptions as described in any SEC filings which could cause our actual results to differ materially from those expressed in or implied by the content of this Site. Forward-looking statements made in this web site are made only as of the date of their initial publication and we undertake no obligation to publicly update any of these forward looking statements as actual events unfold.
BOOKING/RESERVATION TERMS
These booking terms and conditions (“Booking Terms”) set out the basis on which Freehand (as defined below) will provide accommodation and other products and services at its Hotels to Guests. By making a Booking (as defined below) the Customer agrees to comply, and to ensure that all Guests comply, with these Booking Terms.
1. INTERPRETATION
In these Booking Terms, unless the context otherwise requires, the following expressions have the following meanings:
"Arrival Date" means the date on which the Guest(s)’ stay at the hotel is due to commence;
"Booking" means the reservation by the Customer of accommodation and any other products and services detailed in the Booking which is accepted by Freehand;
“Booking Details” means the details of the Booking including the number of Guests, the number of rooms required, the Arrival Date and duration of the Guest(s)’ stay at the Hotel and any other products and/or services to be included in the Booking;
“Booking Engine” means the online booking facility provided by a third party on Freehand’s behalf (including Mews);
“Charges” means the charges payable by the Customer in connection with the Booking;
“Customer” means the person who makes the Booking;
“Freehand” means George Super TopCo LLC and/or such other company in the same group of companies as Freehand that operates the Hotel;
“Guest” means the Customer and/or any other people included in a Booking;
“Hotel” means the hotel operated by Freehand, the location of which is specified in the Booking; and
“Website” means www.freehandhotels.com.
2. BOOKINGS
2.1. Customers can make a Booking:
2.1.1. through the Booking Engine via the Website; or
2.1.2. by contacting Freehand’s staff at the Hotel.
2.2. When making a Booking, Customers will be required to provide identification information including, but not limited to, the name, contact telephone number and email address of the Customer.
2.3. No request for a Booking shall be deemed to be accepted unless and until Freehand confirms its acceptance and provides a booking confirmation.
2.4. Freehand will use its reasonable endeavours to accommodate any request from the Customer to change the Booking Details. Any request to change the dates or length of stay, increase the number of Guests, change room type or add products and/or services will be subject to availability and, where the cost for such amended Booking would be higher than the original Booking, the Customer shall pay Freehand’s standard rates from time to time for the amended Booking. Freehand shall not be obliged to refund any part of the Charges for the original Booking if the cost of the amended Booking is less than the original Booking.
2.5. When the Customer books beds in a shared room, Freehand will use reasonable endeavours to accommodate people from the same Booking in the same room but cannot guarantee that will be the case.
2.6. No Guest may re-sell or transfer all or any part of a booking. Freehand reserves the right to cancel any Booking if it has reasonable grounds to suspect that a Guest is in breach of this clause.
2.7. Bookings for 10 or more Guests will constitute a group booking and additional terms apply, as set out on the group booking contract.
3. FEES AND PAYMENT
3.1. Unless otherwise agreed by Freehand, the Charges only cover the provision of accommodation at the booked Hotel and the Customer may incur additional charges for services such as food and beverage or wireless internet access (amongst others, the “Additional Charges”).
3.2. Customers will be informed of Additional Charges before they are incurred.
3.3. Bookings will be subject to the Customer making payment of the Charges in full in advance or providing valid debit card or credit card details from which the Charges can be taken at the relevant time in accordance with the terms of the Booking.
3.4. Any Additional Charges must be paid either as they are incurred or, at Freehand’s option, at check out.
3.5. Freehand may require each Guest to present a valid payment card upon check-in or in advance, on which an amount of sufficient pre-authorization can be obtained. For Advance purchase rates, we require the payment card used for booking to be presented upon check in.
3.6. The following payment methods are accepted by Freehand:
3.6.1. Credit and Debit Cards for Bookings via the Booking Engine.
3.6.2. Cash or Credit or Debit Cards, if the Customer is paying in person at the Hotel other than at Stockholm, Amsterdam and Copenhagen which do not accept cash for Bookings.
3.7. The Charges include Sales Tax (if applicable) at the time the Booking is made. Should the rate of Sales Tax be increased, Freehand will be entitled to adjust the Charges accordingly.
3.8. If the Charges do not include city/municipal tax (if any) or facility/resort fees, it must be paid by the Customer or Guests at the relevant property either on arrival or when payment for the Booking is made (at Freehand’s election).
3.9. Where the Customer fails to pay any Charges or Additional Charges, Freehand reserves the right to charge interest at the applicable statutory interest rate in the jurisdiction of the Hotel.
3.10. The Customer is responsible for any bank charges and foreign exchange fees in relation to payment of the Charges or the Additional Charges. In the event of a chargeback, Freehand reserves the right to re-charge the Customer for the costs it incurs.
3.11. Where Freehand makes a refund to the Customer, it shall do using the same payment method as used for the original payment.
4. CANCELLATIONS
4.1. The Customer will be informed of the cancellation policy at the time of making the Booking.
4.2. Where the Customer fails to give sufficient notice of cancellation or fails to arrive (no show) at the Hotel, the entire Booking will be deemed cancelled and the Customer must pay the Hotel an amount equal to the Charges for the full stay. Freehand shall be entitled to collect such amount from the Customer’s credit or debit card used to make the Booking without further notice to the Customer.
4.3. Freehand may at any time cancel the Booking without liability if:
4.3.1. the payment details provided by the Customer are invalid and the Customer fails to provide alternative valid details;
4.3.2. the information provided by the Customer in relation to the Booking is misleading or false (for example in relation to the identity of any Guest or the purpose of the stay);
4.3.3. Freehand reasonably believes that fulfilling the Booking might negatively affect the reputation or operation of Freehand due to the fault of the Customer or because the performance of any of Freehand’s obligations would expose Freehand or the Freehand group to civil or criminal proceedings of any kind, whether because the purpose of the stay is unlawful or otherwise; or
4.3.4. Freehand repays to the Customer any advance payment made in relation to the Booking.
4.4. In addition, Freehand may at any time cancel the Booking if the Hotel or the room(s)/bed(s) booked become unavailable due to circumstances outside Freehand’s control (including without limitation, extreme adverse weather, industrial action, epidemic or pandemic, any law or any action taken by a government or public authority, natural disaster), in which case Freehand will (at its election) either offer the Customer a refund or the option to rebook for a different date(s) (subject to availability) at no additional charge.
5. CHECK IN AND CHECK OUT
5.1. Unless otherwise specified in the Booking Details, check-in time is from 15:00 local time. Earlier check-in may be available subject to prior arrangement with Freehand and subject to the full range of services and facilities at the Hotel not being available until the standard check in time.
5.2. Unless otherwise specified in the Booking Details, check-out time is 10:00 local time. Later check-out times may be possible by prior arrangement with an additional charge and subject to availability. In the absence of such prior arrangement, Freehand reserves the right to charge an additional night’s accommodation at the standard applicable rate for the occupied room/bed(s) if any Guest fails to check out by the specified time.
6. HOUSE RULES
6.1. All Guests much comply with Freehand’s house rules, which are available here.
6.2. Valid photo identification for all Guests in the form of a Driver’s Licence, Passport or National ID card is required at check-in.
6.3. Guests must conduct themselves in a reasonable and responsible manner at the Hotel and must not act in any way which may disturb other guests. Failure to adhere to this requirement may result in Guests being asked to leave the Hotel in which event all Charges and Additional Charges shall become immediately payable by the Guest or Customer (at Freehand’s election).
6.4. Smoking is not permitted inside the Hotel and Guests must not tamper with or disable smoke alarms or open emergency doors. Smoking is only permitted in the designated smoking areas. Freehand reserves the right to charge a fee of at least $250, or a higher amount where Freehand suffers loss as a result of a Guest’s actions.
6.5. The Customer will be responsible for any loss or damage caused at the Hotel by the Guests or visitor of any Guest. Freehand reserves the right to charge the Guest or Customer (at Freehand’s election) for Freehand’s reasonable costs of repairing, cleaning or replacing any property of Freehand which is damaged, soiled or lost by a Guest.
6.6. Freehand does not accept bookings made by those under the age of 16. Under 16's can only stay in the Hotel when accompanied by a parent or legal guardian in the same room (which may be a private or shared room) other than in Germany, Ireland, and Denmark, where unaccompanied under 16’s are permitted to stay in private rooms if they present Freehand’s parental/guardian consent form along with a copy of valid photo identification of the parent/guardian. Unaccompanied under 16s are not permitted to stay in shared rooms unless they are part of a group that has booked out the entire shared room and the group leader has provided the required documentation to Freehand. Failure to adhere to this rule will result in automatic cancellation of the Booking with no refund and the relevant Guests shall not be permitted to check in to the Hotel.
6.7. Children older than 3 must have their own bed. Where a child is staying in a shared room, it is the responsibility of the parents/legal guardians to ensure that the child occupies a lower bunk. Each hotel has a limited number of cots which are only available for use in private rooms by children under the age of 3 and must be booked prior to arrival.
6.8. Freehand exclusively reserves all rights to display any and all advertising and/or signage at the Hotel and to receive and retain all of the revenue therefrom. No Guest shall have any right to display any advertising or signage whatsoever without the prior written consent of Freehand.
6.9. No products and/or services may be sold, distributed or supplied at the Property by, or on behalf of, any Guest.
6.10. It is every Guest’s responsibility to ensure that it has adequate and appropriate insurance coverage for the Booking.
7. FOOD AND BEVERAGES
7.1. Unless otherwise specified at the time of booking and confirmed in the Booking confirmation by Freehand, the Charges do not include any food or beverages.
7.2. Guests may only consume food and beverages purchased from Freehand in the Hotel.
7.3. No alcohol shall be provided to Guests who are not of legal drinking age.
8. DISABLED GUESTS
8.1. We welcome all, regardless of race, nationality, gender, gender identity, age or ability. To ensure we can assist our guests, we need the Customer to inform us at the time of making the Booking if any Guest has special requirements because of a disability.
9. FREEHAND’S LIABILITY
9.1. Nothing in these Booking Terms purports to limit or exclude Freehand’s liability for:
9.1.1. death or personal injury caused by the negligence of Freehand or its employees, subcontractors or agents;
9.1.2. fraud or fraudulent misrepresentation; or
9.1.3. any other matter for which it would be illegal for Freehand to limit or exclude its liability.
9.2. Freehand shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
9.2.1. any loss arising from or in connection with loss of revenues, loss of profits, loss of contracts or loss of business or failure to realise anticipated savings;
9.2.2. any loss of goodwill or reputation; or
9.2.3. any indirect or consequential losses
suffered or incurred by any Guest, arising out of or in connection with the use of the Hotel or any other matter under this Agreement.
9.3. Neither Freehand nor the Freehand group, their agents, contractors or employees shall be liable for any loss, damage, destruction or injury which may be caused to the assets, property or any item of equipment, furniture, stock or the like, brought onto Freehand premises by a Guest.
9.4. The aggregate liability of Freehand in respect of any loss or damage suffered by a Guest arising out of or in connection with the Booking, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall in no event exceed the Charges.
9.5. Notwithstanding the foregoing, nothing in the Agreement shall be construed as excluding or restricting either party’s liability for death and/or personal injury caused by its, its employees’ or its agents’ negligence or for any fraud.
10. PERSONAL DATA
10.1. Use of your personal data is subject to our privacy policy.
11. GENERAL
11.1. The Customer’s rights as a consumer under applicable consumer protection legislation from time to time in force shall not be affected by these Booking Terms.
11.2. Freehand may assign its rights and obligations under the Booking and these Booking Terms to another organisation without notice to, or consent from, the Customer.
11.3. Freehand may, from time to time, change these Booking Terms without notice. However, the version of these Booking Terms in force at the time of the Booking will continue to apply. Customers are advised to check the Website for the latest version of these Booking Terms before making a Booking.
11.4. No failure by Freehand to enforce these Booking Terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Booking Terms.
11.5. If any provision of these Booking Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Booking Terms and the remainder of the provision in question shall not be affected.
11.6. These Booking Terms (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without regard to its conflicts of law principles. The state or federal courts located in or near New York, New York, U.S.A. will have exclusive jurisdiction to deal with any disputes (including in relation to non-contractual matters) arising in connection with these Booking Terms provided that Freehand shall also have the right to enforce these Booking Terms in the country of the Customer’s residence and/or the country of the Hotel.
11.7. A person who is not a Guest will not have any rights in connection with a Booking.
11.8. Freehand does not sign third party contracts for room or event bookings and any terms proposed by Customer are overridden by these Booking Terms.
FREEHAND CLUB
Hotel Stay Program Terms and Conditions (the “Terms and Conditions”)
1. Scope and definitions
1.1 Definitions. All capitalized terms in these Terms and Conditions that are not defined in these Terms and Conditions shall have the meaning ascribed to such terms in the 2021 Freehand Hotel Stay Program Agreement signed by you and Freehand (the “Agreement”).
1.2 Scope. This document contains the terms and conditions and general rules for participation in the 2021 Freehand Hotel Stay Program (the “Program”). By payment of the required fee and your decision to participate in the Program, you are certifying that: (a) you have read and understand these Terms and Conditions; (b) agree that these Terms and Conditions constitute a binding agreement governing your rights as a participant and the relationship between you and Freehand; and (c) accept our Privacy Statement as contained in https://freehandhotels.com/privacy-policy/. You also agree to receive communications from Freehand, including messages that we may send to you via email, phone call, SMS, and/or text message. By providing us with your contact details, you confirm that you want Freehand and its parents, affiliates, subsidiaries, and related entities to send you information we think may be of interest to you, which may include the use of automated dialing technology to text or call you at the wireless number you provided.
2. Payments and Taxes
2.1 Participation in the Program requires payment of the applicable rate in advance and is non-refundable. Payments for an additional month are due on the last day of the previous month, and payments will be taken automatically on the 1st of the month if Freehand is not notified by email or written letter that the Participant does not wish to extend their stay and is in occupancy at one of the Hotels.
2.2 We use various third-parties for billing and payment processing options (“Payment Processors”). The Payment Processors use and store the financial information you provide, and the processing of payments and billing will be subject to the terms, conditions, and privacy policies of the Payment Processors in addition to these Terms and Conditions. We are not responsible for error by the Payment Processors. By participating in the Program, you agree to pay us, through Payment Processors, all charges at the prices then in effect for the Program in accordance with the payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (“Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processors may make even if it has already requested or received payment
2.3 You acknowledge that the Program may have an initial and recurring payment feature and you accept responsibility for all recurring charges. We may submit periodic charges without further authorization from you, until you provide prior notice with a receipt confirmed by us, that you have terminated this authorization or wish to change your Payment Method. Your continued use of the Program reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. We do not waive our right to seek payment directly from you.
2.4 The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, lender, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processors, do not receive payment from you, you agree to pay all amounts due upon demand.
2.5 All applicable taxes shall be paid separately at each of the Hotel at the time you check-in. Freehand is not liable for any taxes, duty or other charges in connection your participation in the Program. In addition, to the extent Freehand is subject to any liability related to your failure to pay taxes, duty or other charges, you shall be required to fully indemnify and hold harmless Freehand for the entire amount of such liability.
3. Term and Cancellation of Program
3.1 Unless otherwise extended, the Program shall only be applicable and used for the duration of the initial month that you have purchased.
3.2 Cancellations are only refundable if the cancellation is made within three days from your execution of the Agreement.
4. Program Level
4.1 Premium Level – Our entry level monthly subscriber plan. You can purchase one month of Hotel stays, which will grant you access to booking at different Freehand & Generator Hotel locations in North America for the whole month.
a) Purchase and Booking Window
i) A Base Hotel and first check-in date must be submitted at the time of purchase and all changes in reservations must be fully made within the next 30 days. Nights will start to be consumed after the first check-in day.
ii) Under the Premium Level, you are allowed an UNLIMITED number of check-ins per month subject to availability.
iii) In the case your stay in a single Hotel location is for 30 nights or more, the Hotel will arrange a room change, where you must be checked out for a new check-in.
iv) You have the option of being charged for the entire cost in advance or to pay for the entire cost up to 15 days prior to the first check-in date, however, we cannot guarantee availability of selected Hotels without payment.
v) Upon signing up as a participant, you will be able extend up-to three (3) months additional at the initial rate. Any cancellation will nullify such right to extend at a future date.
b) Cancellations and Modifications
i) You may cancel your entire participation in the Program by sending us a notice within 3 days after your execution of the Agreement and receive the full deposit or purchase price refund.
ii) If you cancel within the 5 days prior to the arrival date, you will lose any deposit.
iii) Any cancellations within the 24 hours prior to an arrival date, or no-shows, will result in the loss of one night of occupancy.
iv) Once at a Hotel location, if you want to modify a reservation you must notify the Freehand Hotels – Global Sales Director, Front Desk, or contact the Central Reservations Office at brian.cooke@FreehandHotels.com, before 11:00 a.m. to result in a non-penalty modification to your reservation. However, if you want to modify your stay after 11:00 a.m., a one night penalty will be applied.
vi.) Reservations can be made up to 30 days in advance. Participants will have to commit to future months in advance to make reservations outside of the current month they are contracted for.
c) Additional Occupancy
i) The number of occupants cannot exceed the room type occupancy limitation as shown on the Freehand Hotels website
ii) An additional person can be added to the Program for a 25% upcharge on the monthly fee and receive the same benefits.
iii) Visitor stays in Private Rooms are allowed for up to 10 nights per month. The additional guest will apply to accommodation only and will not receive other benefits of the Program.
4.2. Deluxe Level – Our upgraded level monthly plan. You can purchase a one month of Hotel stays, which will grant you access to booking at different Freehand & Generator Hotel locations in North America for the whole month.
a) Purchase and Booking Window
i) A Base Hotel and first check-in date must be submitted at the time of purchase and all changes in reservations must be fully made within the next 30 days. Nights will start to be consumed after the first check-in day.
ii) Under the Deluxe Level, you are allowed an UNLIMITED number of check-ins per month, subject to availability.
iii) In the case your stay in a single Hotel location is for 30 nights or more, the Hotel will arrange a room change, where you must be checked out for a new check-in.
iv) You have the option of being charged for the entire cost in advance or to pay for the entire cost up to 15 days prior to the first check-in date, however, we cannot guarantee availability of selected Hotels without payment.
b) Cancellations and Modifications
i) You may cancel your entire participation in the Program by sending a notice to us within 3 days after your execution of the Agreement and receive the full deposit or purchase price refund.
ii) If you cancel within the 5 days prior to the arrival date, you will lose any deposit.
iii) Any cancellations within the 24 hours prior to an arrival date, or no-shows, will result in the loss of one night of occupancy.
iv) Once at a Hotel location, if you want to modify a reservation you must notify the Freehand Hotels – Global Sales Director, Front Desk, or contact the Central Reservations Office at brian.cooke@FreehandHotels.com, before 11:00 a.m. to result in a non-penalty modification to your reservation. However, if you want to modify your stay after 11:00 a.m., a one night penalty will be applied.
v.) Reservations can be made up to 30 days in advance. Participants will have to commit to future months in advance to make reservations outside of the current month they are contracted for.
c) Additional Occupancy
i) The number of occupants cannot exceed the room types occupancy limitation as shown on the Freehand Hotels website.
ii) An additional person can be added to the Program for a 25% upcharge on the monthly rate and receive the same benefits.
iii) Visitor stays in Private Rooms are allowed for up to 10 nights per month. The additional guest will apply to accommodation only and will not receive the other benefits of the Program.
5. Children, Extra Beds, and Pets Policies
5.1 Rates for children, as well as extra beds (where available) can vary according to the Hotel location. Underage guests must always be accompanied by a parent or their legal guardian.
5.2 Guests under 18 are not allowed in dormitory rooms unless such room is booked in its entirety by the same group members.
5.3 Pets have an extra cost of US$50 per stay and a $100 deposit per pet and are only allowed on Jr. Suite & Private King or Queen rooms.
6. Booking a Stay
6.1 Your participation in the Program provides you with the ability to book a reservation in the Hotels listed with your dedicated contact.
6.2 The entitlement to receive a confirmed reservation only applies if the Hotel has availability on the date chosen by you.
6.3 Your dedicated contact will confirm with you if the date is available for your stay under the Program.
6.4 You are not allowed to book a reservation at two separate Hotel locations on the same set of dates. You may only book a reservation at the Hotel at which you intend to stay.
7. Amendments to the Terms and Conditions.
Freehand reserves the right to amend these Terms and Conditions at any time in its sole discretion. In case of amendment, the new Terms and Conditions will be posted on the Freehand Hotels website.
QUESTION AND COMMENTS
If you have any comments or questions about our privacy practices or your experience with the Site, please contact us at:
George Super TopCo LLC
c/o Generator Chicago
19 East Ohio St., Chicago, IL 60611
E-mail: legal@thefreehand.com
Last Updated: February 26, 2021
©2021 George Super TopCo LLC. All Rights Reserved.
