Terms of Use

Trailborn Terms of Use

Last Updated: August 18, 2026

These Terms of Use (“Terms”) apply to your access to and use of the websites and other online products and services (collectively, the “Services”) provided by Trailborn Brand LLC (“Trailborn,” “we,” or “us”). By selecting an agreement box and/or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 13. If you do not agree to these Terms, do not use our Services.

If you have questions about these Terms or our Services, contact us at Trailborn Brand LLC, 110 Leroy Street, 9th Floor, New York, NY 10014. For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

1. Eligibility

You must be at least 18 years of age to use our Services. If you are under 18 (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of majority, you agree to be fully responsible for that user’s acts or omissions in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” include that person or entity, (b) you represent that you are authorized to accept these Terms on their behalf, and (c) if you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.

2. Prohibited Conduct and Content

(a) You will not violate any applicable law, contract, intellectual property right, or other third-party right, and you are solely responsible for your conduct while using our Services, which for purposes of this Section 2 includes any products or services offered by our third-party providers in connection with the Services. You will not:

• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Use or attempt to use another user’s account without authorization from that user and Trailborn;
• Impersonate or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• Sell, resell, or commercially use our Services;
• Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
• Modify our Services, remove any proprietary rights notices or markings, or make derivative works based on our Services;
• Use our Services other than for their intended purpose, or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users, or that could damage, disable, overburden, or impair the functioning of our Services;
• Reverse engineer any aspect of our Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
• Develop or use any applications that interact with our Services without our prior written consent;
• Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Bypass or ignore instructions contained in our robots.txt file; or
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

(b) You may not create, post, store, or share any content on the Services that:

• Is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, or sexually explicit;
• Is harassing, threatening, abusive, inflammatory, or intimidating;
• Is discriminatory or promotes discrimination, bigotry, racism, or hatred against any individual or group;
• Is violent or graphic, or promotes or glorifies violence or self-harm;
• Depicts or exploits minors in any inappropriate manner;
• Infringes or misappropriates any third party’s intellectual property, privacy, publicity, or other rights;
• Contains any private or personal information of a third party without that party’s consent;
• Is false, deceptive, or misleading, including reviews that misrepresent your experience or affiliation;
• Promotes illegal or harmful activities or substances; or
• Contains software viruses, malware, or any code designed to disrupt, damage, or limit the functioning of any software, hardware, or equipment.

Enforcement of this Section 2 is solely at Trailborn’s discretion, and failure to enforce it in some instances does not waive our right to enforce it in others. This Section 2 does not create any private right of action on the part of any third party, or any reasonable expectation that the Services will not contain content that is prohibited by these rules.

Parental control protections such as computer hardware, software, or filtering services may be commercially available to help you limit access to material that is harmful to minors. Information identifying current providers of such protections is available at this reference page (last checked on the Last Updated date).

3. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Trailborn or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized here, without our prior written permission, is strictly prohibited, will terminate the license granted here, and will violate our intellectual property rights.

4. Trademarks

Trailborn, the Trailborn marks used in connection with our properties, restaurants, and stores, and our logos, product and service names, slogans, and the look and feel of the Services are trademarks of Trailborn and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

5. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Trailborn or our Services (collectively, “Feedback”). We may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve it. Trailborn may treat Feedback as nonconfidential.

6. User Content and Reviews

The Services may allow you to submit photographs, videos, reviews, comments, testimonials, social media posts, and other materials (collectively, “User Content”), including by tagging us or using our hashtags on social media platforms.

You retain ownership of your User Content. By submitting User Content, or by tagging Trailborn or using a Trailborn hashtag in a public post, you grant Trailborn a nonexclusive, royalty-free, worldwide, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display that User Content in any media, in connection with the operation, marketing, and promotion of Trailborn and the Services, without further notice, attribution, or compensation to you.

You represent and warrant that you own or have the necessary rights to your User Content, that it does not violate Section 2(b), and that you have obtained consent from every identifiable person appearing in it. We may remove or refuse to publish any User Content at our sole discretion. We do not endorse, and are not responsible for, User Content submitted by others.

7. Third-Party Services

We may provide information about third-party products, services, activities, or events, or allow third parties to make their content available on or through the Services (collectively, “Third-Party Services”). These may include amenities, booking services, experiences, entertainment services, or restaurant reservations. Your dealings with third parties and your use of Third-Party Services are solely between you and the third party. Trailborn does not control or endorse any Third-Party Services.

Your access to and use of Third-Party Services is at your own risk. Trailborn makes no representations or warranties of any kind regarding Third-Party Services, express or implied. To the fullest extent permitted by applicable law, Trailborn will not be liable to you under any theory of liability as a result of your use of Third-Party Services.

We may make available payment services via a third-party payment processor. Your use of that processor’s services is subject to a separate agreement between you and the processor. Trailborn is not a party to that agreement and has no liability under it. We reserve the right to change processors at any time. You authorize Trailborn to accept, store, transmit, and deliver information and instructions on your behalf to the processor. Trailborn is not a bank, payment institution, or money services business, and any funds transfer facilitated by the processor is the business responsibility of that processor.

8. Gift Cards

Trailborn gift cards and electronic gift cards are administered through our third-party gift card provider. Gift cards do not expire and carry no maintenance or inactivity fees. They may be redeemed at participating Trailborn hotels, restaurants, bars, and lounges for room reservations and eligible on-property purchases, and are not redeemable for cash except where required by law.

Gift cards are governed by the full Trailborn Gift Card Terms and Conditions, which include important limitations on redemption, transfers, and liability, and a class action waiver. Those terms control in the event of any conflict with this Section.

9. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Trailborn and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Trailborn Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback or User Content; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another, including intellectual property or privacy rights; or (e) your conduct in connection with the Services. You agree to promptly notify Trailborn of any third-party Claims involving any Trailborn Parties of which you are aware, cooperate in defending them, and pay all fees, costs, and expenses associated with the defense, including attorneys’ fees. The Trailborn Parties will have control of the defense or settlement, at Trailborn’s sole option. This indemnity is in addition to, and not in lieu of, any other indemnities in a written agreement between you and any Trailborn Party.

10. Disclaimers

• Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Trailborn does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While we attempt to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
• We make no representation that local experiences or other services or amenities are appropriate or available for use at your desired property or location. Information about local experiences is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor recreationalists. You acknowledge that you could be seriously injured or die when engaging in some of the experiences presented on the Services, and that you should receive professional instruction when appropriate. You assume all risks associated with engaging in any such experiences.
• If you sign up for local experiences, you may have the ability to exchange information with other users and arrange to meet offline. Trailborn does not conduct background checks of users or otherwise vouch for the safety of such offline meetings, and such meetings are held at your sole risk. Be careful not to divulge personal information about yourself, and take precautions when interacting with other users, particularly when meeting someone in person for the first time.
• We may make information regarding specific programs, offers, or promotions available on the Services. Any such program, offer, or promotion is subject to the specific terms, conditions, and restrictions listed in connection with it. We reserve the right to alter or withdraw any program, offer, or promotion at any time. Each is void where prohibited by law.

11. Limitation of Liability

• To the fullest extent permitted by applicable law, Trailborn and the other Trailborn Parties will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive, or special damages, lost profits, or loss of or damage to property, even if advised of the possibility of such damages.
• The total liability of Trailborn and the other Trailborn Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you to use our Services in the preceding 6-month period before the event giving rise to the claim.
• These limitations will not limit or exclude liability for gross negligence, fraud, or intentional misconduct, or for any other matters in which liability cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

12. Release

To the fullest extent permitted by applicable law, you release Trailborn and the other Trailborn Parties from responsibility, liability, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including claims of negligence, arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

13. Dispute Resolution; Binding Arbitration

Please read this section carefully. It requires you to arbitrate certain disputes and claims with Trailborn and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions below. No class or representative actions or arbitrations are allowed under this provision. Arbitration precludes you from suing in court or having a jury trial.

• No representative actions. As permitted by applicable law, you and Trailborn agree that any dispute arising out of or related to these Terms or our Services is personal to you and Trailborn and will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
• Arbitration of disputes. Except for small claims disputes brought in small claims court located in the county of your billing address, and disputes seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Trailborn waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security (collectively, “Disputes”), resolved in court. For any Dispute you have against Trailborn, you agree to first contact Trailborn and attempt to resolve the claim informally by sending a written notice (“Notice”) by email to info@trailborn.com or by certified mail to 110 Leroy Street, 9th Floor, New York, NY 10014, Attn: Dispute Notice. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Our notice to you will be similar in form. If you and Trailborn cannot reach an agreement to resolve the Dispute within thirty (30) days after the Notice is received, either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. A “consumer” means a person using the Services for personal, family, or household purposes. Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), available on the JAMS website and incorporated by reference. You acknowledge that you have read and understand the JAMS Rules, or waive your opportunity to read them and waive any claim that they are unfair or should not apply.
• You and Trailborn agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any class or representative proceeding, or preside over any proceeding involving more than one individual.
• The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Trailborn, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards. The arbitrator will have authority to make appropriate rulings to safeguard confidentiality, unless the law provides otherwise. The duty of confidentiality does not apply to the extent disclosure is necessary to prepare for or conduct the arbitration hearing, in connection with a court application for a preliminary remedy, in connection with a judicial challenge to an award or its enforcement, or as otherwise required by law.
• For any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Trailborn will pay the remaining JAMS fees and costs. For any arbitration initiated by Trailborn, Trailborn will pay all JAMS fees and costs. The state or federal courts of New York, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
• Any Dispute must be filed within one year after the relevant claim arose; otherwise it is permanently barred.
• You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Section 13 by certified mail to 110 Leroy Street, 9th Floor, New York, NY 10014, Attn: Binding Arbitration Opt-Out. To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out. By opting out, you agree to resolve Disputes in accordance with Section 14.
• If any portion of this Section 13 is found unenforceable or unlawful, (i) that provision will be severed from these Terms; (ii) severance will have no impact on the remainder of this Section 13 or the parties’ ability to compel arbitration of remaining claims individually; and (iii) to the extent any claims must proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. If any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside arbitration, and the remainder will remain enforceable.

14. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed in accordance with the laws of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute not subject to arbitration and that cannot be heard in small claims court will be resolved in the state or federal courts of New York, New York.

15. Travel Destinations

Travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel. Information on conditions in various countries and the level of risk associated with particular destinations is available from the U.S. Department of State, the Transportation Security Administration, the Department of Transportation, the Federal Aviation Administration, the Centers for Disease Control and Prevention, the Office of Foreign Assets Control, and U.S. Customs and Border Protection. We are not responsible for information provided by these sources.

NEITHER WE, NOR ANY OTHER PROPERTY OWNERS OR PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SERVICES, REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED IS ADVISABLE OR WITHOUT RISK, AND NONE OF US ARE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS.

16. General Terms for Reservations

In addition to the other terms and conditions specified on the Services regarding our properties, the following apply to reservations booked through the Services.

• Reservations are processed through third-party booking engines and property management systems. Your reservation is not confirmed until you receive a confirmation number.
• Cancellation policies and other information about specific room reservations and properties vary by property and rate type. Individual rate rules, tax information, applicable charges, resort or destination fees, and cancellation policies are displayed in the booking engine once you have entered check-in dates and selected a room type. Review them before completing your reservation.
• A deposit may be required at the time of booking. At check-in, properties may place an authorization hold on your payment card for incidental charges. Holds are released after checkout, though the timing depends on your card issuer.
• Rates are subject to availability and may change until your reservation is confirmed. In the event a rate is published in error due to a technical or human error, we reserve the right to correct the rate or cancel the reservation and refund any amount paid. We will contact you before doing so.
• If you plan to travel with your pet, confirm the pet policy directly with the property. Trailborn accepts no responsibility for an individual property’s pet policy.
• Reservations made by one or more individuals or by an agency, on behalf of one or more proposed guests, involving more than ten (10) rooms at the same property for the same period of stay, must be made directly through the property. If more than ten (10) rooms are booked through any other method, we reserve the right to impose additional requirements.
• Requests for specific features such as bedding type or room location are requests only. While properties strive to honor them, neither we nor the property guarantee they will be met.
• Some rates have special requirements such as AAA membership or proof of age at check-in. Verify that you qualify for the rate you have booked. Properties are not obligated to honor a rate if you cannot provide proof of qualification at check-in.
• Experiences, activities, spa services, and dining reservations may be subject to separate terms, deposits, cancellation windows, and liability waivers presented at the time of booking.

17. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You may stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

18. Additional Terms; Changes to These Terms

• We may supply different or additional terms in relation to some of our Services, and those terms become part of your agreement with us if you use those Services. If there is a conflict, the additional terms control for that conflict.
• We may change these Terms from time to time. If we make changes, we may notify you by email, by a notice through our Services, or by updating the date at the top of these Terms. Unless we say otherwise, amended Terms are effective immediately, and your continued use of our Services after notice confirms your acceptance. If you do not agree, you must stop using our Services.

19. Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of the remaining provisions.

20. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. See our Privacy Policy for details.

21. Copyright Complaints

We respect the intellectual property rights of others and expect users to do the same. In accordance with the Digital Millennium Copyright Act, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe your work has been copied in a way that constitutes infringement, please provide us with the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it;
• Your contact information, including address, telephone number, and email address;
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Notices should be sent to info@trailborn.com. We may remove or disable access to material alleged to be infringing and may terminate the accounts of repeat infringers.