MEMBERSHIP TERMS
Last Modified: November 15, 2023
IMPORTANT – PLEASE READ CAREFULLY. THESE MEMBERSHIP TERMS ARE SUBJECT TO AND INCORPORATE BY REFERENCE (A) OUR PRIVACY POLICY AND (B) THE TERMS OF USE WHICH CONTAINS (1) AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND (2) A BINDING CLASS ACTION WAIVER. PLEASE READ BOTH SECTIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.
THESE MEMBERSHIP TERMS (“MEMBERSHIP TERMS”) GOVERN YOUR APPLICATION FOR A RIGHT TO ACCESS THE FACILITIES (“MEMBERSHIP”) OF TEMPUS HOLDINGS, INC. D/B/A THE LODGE CARD CLUB (“THE LODGE,” “WE,” or “US”), AND UPON ACCEPTANCE, (A) YOUR PARTICIPATION OR USE OF ANY ONSITE FACILITIES (THE “FACILITIES”), THE ONSITE DAILY GAMES, AND OTHER ON-SITE SERVICES (“REGULAR USAGE), (B) YOUR PARTICIPATION IN ANY ONSITE TOURNAMENTS AND EVENTS (“EVENT USAGE” AND TOGETHER WITH REGULAR USAGE, “USAGE”), AS SUCH USAGE RELATES TO MEMBERSHIP (COLLECTIVELY, THE “MEMBERSHIP SERVICES”).
These Membership Terms are entered into by and between you (“you,” or “Member”) and The Lodge. These Membership Terms, together with any documents or policies they expressly incorporate by reference (including the Terms of Use and the Privacy Policy) govern your Membership and use of the Membership Services and certain of our livestreaming or recorded services (the “Livestream Services”). These Membership Terms apply to The Lodge and its affiliates only and does not cover other companies, including third parties that provide software and/or systems that facilitate the provision of the Membership Services (including without limitation any software, program, or platform utilized by The Lodge to reserve Usage or monitor status of games and availability (“Game Management System”), or that may advertise, sponsor, or provide content (including blogs), products or services on or through our website at thelodgepokerclub.com (the “Website”), our streaming videos and channels, any social media platforms or other websites or platforms that you may use to access the Membership Services or certain of the Livestream Services.
We may revise and update these Membership Terms from time to time in our sole discretion without any prior written notice. All changes are effective immediately when we post them on the Website or deliver them to you at the email address on file with The Lodge, and apply to your purchase, sale, access to, and use of your Membership and the Membership Services thereafter. We will inform you of material changes by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Website that the terms have been “updated” or similar words). You hereby agree to receiving electronic
communications from The Lodge, its affiliates, and their vendors, contractors or agents regarding such updates or other matters related to the Membership Services.
Your continued use of the Membership Services or the Livestream Services following the posting of revised Membership Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Facilities or the Website or utilize or participate in the Membership Services or the Livestream Services so you are aware of any changes, as they are binding on you. These Membership Terms (including the Terms of Use, the Club Policies, and the Privacy Policy) contain the final and entire agreement between you and The Lodge regarding your Membership and your use of, and participation in, the Membership Services and the Livestream Services and supersedes all previous and contemporaneous oral or written agreements regarding your Membership and use of, and participation in, the Membership Services and the Livestream Services.
You agree that these Membership Terms is personal to you, which means that you may not assign your rights or obligations under these Membership Terms to anyone and except for the affiliates of The Lodge, there are no third party beneficiaries to these Membership Terms.
MEMBERSHIP ELIGIBILITY
Entry and access to all Facilities are not allowed for the general public and are limited to The Lodge members only. Applications for Membership (“Membership Applications”) are only available to persons of who are at least 21 years of age. A valid driver’s license, state identification with a photograph, or passport must be present upon application for Membership, at which time a copy will be put on file with The Lodge in accordance with the terms of our Privacy Policy. The Lodge reserves the right to accept or deny your Membership Application and/or terminate your Membership at any time. Persons without a valid Membership will not be granted access to the Facilities. If Membership is granted to you after (a) The Lodge’s review of your Membership Application and all information requested therewith and (b) acceptance of the same by The Lodge in accordance with the Membership factors and guidelines established by The Lodge, then Membership is immediately active and the full amount of the dues for such Membership (as determined in each Membership Application, “Dues”) shall immediately due and payable.
YOU ARE NOT PERMITTED TO APPLY FOR MEMBERSHIP OR USE ANY OF THE MEMBERSHIP SERVICES IF YOU ARE NOT AT LEAST 21 YEARS OF AGE.
PRIVILEGES
Membership solely grants access to The Lodge. In addition to your Dues, (a) your Regular Usage requires the payment of The Lodge’s then-current hourly usage fee (“Usage Fee”)
and (b) your Event Usage requires the payment of The Lodge’s applicable event or activity fee (“Event Fee” and together with Usage Fee, “Fees”).
The Lodge shall not owe you any fees or other monetary compensation in consideration for execution of these Membership Terms or in connection with the exercise of your rights under these Membership Terms. The consideration provided to you by The Lodge for the execution of these Membership Terms is The Lodge’s permission for you to participate in Regular Usage and Event Usage under the terms and conditions as described in these Membership Terms, the Terms of Use, the Club Policies and the Privacy Policy.
DUES, FEES AND PAYMENT TERMS
Membership to The Lodge is available in three (3) options: Weekly, Monthly, or Annual. The price of the Dues shall vary based on the selected and approved Membership and are subject to change. Dues are required to be paid in full upon entry and for continued access to The Lodge, whether for Regular Usage or Event Usage. Then-current Usage Fee or Event Fee will be charged to you for your Regular Usage or Event Usage, respectively. Usage Fee and Event Fee rates are available on the Website or by speaking with a front desk representative. The Lodge reserves the right to adjust its pricing of the Dues and/or Fees at its discretion and without prior written notice.
All Dues and Fees must be paid in full by cash, credit card, or debit card at the front desk. Failure to do so will result in your immediate denial of access to the Membership Services. If you are in good standing, you can renew your Membership status at any time at then current rate. If you fail to comply with The Lodge Dues and Fees rules, it can result in the termination of your Membership at the discretion of The Lodge management and without further liability of The Lodge.
You may provide us or our third-party credit card processor (“Third-Party Processor”) with a current, valid, accepted method of payment, such as a credit card, debit card or other accepted method of payment for Dues and Fees (“Payment Method”). If you provide us with a credit, debit, payment account number or other payment information to pay the Dues and/or Fees, you authorize and direct us and our Third-Party Processor to retain such information and charge such Dues and Fees to such Payment Method. All amounts must be paid in U.S. dollars. From time to time, we may use a Third-Party Processor not affiliated with us to process payments for Dues and Fees. You agree that this Third-Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third-Party Processor you may be subject to additional terms of use/service and privacy policy(ies) of the Third-Party Processor.
If any Dues or Fees are not paid in a timely manner, your transaction cannot be processed and The Lodge reserves the right to suspend, refuse, disable or terminate your access to the Membership Services, Usage, and/or the Facilities.
TERM OF MEMBERSHIP; REFUNDS
Term of Memberships. Weekly memberships expire seven (7) days from the date of the accepted Membership Application upon The Lodge’s closure, or at midnight if The Lodge doesn’t close on that day. Monthly memberships expire thirty (30) days from the date of accepted Membership Application upon The Lodge’s closure, or at midnight if The Lodge doesn’t close on that day. Annual memberships expire 365 days from the date of the accepted Membership Application upon The Lodge’s daily closure, or at midnight if The Lodge doesn’t close on that day.
Cancellation by You. ALL AMOUNTS PAID FOR MEMBERSHIPS AND USAGE ARE NON REFUNDABLE, WHICH MEANS THAT ALTHOUGH YOU CAN DISCONTINUE YOUR MEMBERSHIP AT ANY TIME, YOU WILL NOT RECEIVE A PRO-RATA RETURN OF ANY MEMBERSHIP FEES THAT YOU HAVE ALREADY PAID. Unless terminated by The Lodge as set forth below, your Membership will continue until the end of your current Membership period, and the cancellation will take effect the day after the last day of your current Membership period.
Termination by The Lodge. Without limiting any other remedies, we reserve the right to immediately suspend or terminate your Membership for any reason, with or without notice and without further obligation. If we cancel your Membership, we may give you a pro-rated refund based on the amount of time remaining that you cannot use. However, we cannot
grant you any such refund if we terminate your Membership because we determine, in our sole discretion, that your actions or your Usage, or use of the Website, Membership Services or the Facilities violate these Membership Terms, the Club Policies, the Terms of Use and/or the Privacy Policy, any applicable law, or has harmed The Lodge, The Lodge employees, owners, staff, vendors, and/or contractors (collectively, “Onsite Workers”) or any other members of The Lodge or its affiliates (“Other Member”). If any or all of our Membership Services or Website are unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion.
Even if your Membership and/or Usage, or use of the Website, Membership Services, the Game Management System, or the Facilities or any portion thereof is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content (as defined in the Terms of Use), Recordings (as defined below), and therefore copies of all information with regard to your Membership and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through your Membership or Usage, may be retained and/or remain viewable by us, and/or other third parties, including Other Members. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your Membership or any Recordings and/or Content you may have posted, uploaded,
transmitted, sent or otherwise made available on or through your Usage, or use of the Website, Membership Services, the Game Management System, or the Facilities.
All provisions of these Membership Terms shall survive the termination or expiration of these Membership Terms and/or your Membership, including without limitation the Arbitration Provisions.
Sole Discretion. We reserve the right to issue refunds or credits for Dues and Usage Fees at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund or credit in the future to you or for Other Members. EVENT FEES SHALL NOT BE REFUNDABLE, EVEN IF YOU ARE NOT ABLE TO PARTICIPATE IN THE EVENT.
YOUR MEMBERSHIP
No Assignment. These Membership Terms are personal to you, which means that you may not assign your rights or obligations under these Membership Terms to anyone. No third party is a beneficiary of these Membership Terms.
No Representation; Disclaimer. The Lodge makes no representation that the Membership Services, the Livestreaming Services, the Website, the Game Management System, or the Content are appropriate and/or available for use or compliant with laws outside the State of Texas. If you choose to use or access the Membership Services, the Livestreaming Services, the Website, the Game Management System, or the Content from other locations, you do so on your own initiative and at your own risk.
The Membership Services, the Website, and Content are for general information, discussion and entertainment purposes only. We make no representations or guarantees about any aspect of the Membership Services, the Website (including the links therein and the information posted thereon), the Game Management System, or the Content and do not endorse any opinions expressed by any users or content providers. THE MEMBERSHIP SERVICES, THE FACILITIES (INLCUDING THE SURROUNDING PROPERTY), THE WEBSITE, THE GAME MANAGEMENT SYSTEM, AND ALL CONTENT ARE PROVIDED AND PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE MEMBERSHIP SERVICES, THE FACILITIES (INCLUDING THE SURROUNDING PROPERTY), THE WEBSITE (INCLUDING THE LINKS THEREIN AND THE INFORMATION POSTED THEREON), THE GAME MANAGEMENT SYSTEM, OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE MEMBERSHIP SERVICES, THE FACILITIES (INCLUDING THE SURROUNDING PROPERTY), THE WEBSITE (INCLUDING THE LINKS THEREIN AND THE INFORMATION POSTED THEREON), THE GAME MANAGEMENT SYSTEM, OR ANY CONTENT.
The Lodge makes no warranty or representation, and hereby expressly disclaims any warranty or representation, express or implied, as to (a) the continuity or lawfulness of the business of The Lodge, (b) the ability to receive funds from The Lodge, (c) the on-site
services provided by any third-party vendor (including without limitation, catering and massage therapy services) (collectively, “Third-Party Onsite Services”) (d) the security or reliability of the Game Management System, or (e) any guarantee of winning/collections from Regular Usage or Event Usage.
When using any Game Management System, you may be subject to additional terms of use/service and privacy policy(ies) of the provider of such Game Management System.
Compliance with Laws and Club Policies.
Compliance with Laws. You are responsible for complying with all laws including without limitation all applicable local laws. You hereby represent that you do not have a criminal record and you will not possess or carry any weapons in the Facilities or the surrounding property. You agree that The Lodge reserves the right to restrict concealed firearms from the Facilities in accordance with Section 30.05 of the Texas Penal Code.
Compliance with Club Policies. You hereby agree to follow all rules as posted on the Website (as amended from time to time, the “Club Policies”). A copy of then-current Club Policies can be provided upon your request at the Facilities. If you break any Club Rule you risk Membership termination and permanent dismissal from The Lodge and its Facilities. No refund will be granted. The Club Policies may be updated from time to time by The Lodge and you are required to review then-current Club Policies prior to each time you visit the Website or enter the Facilities for Regular Usage or Event Usage. By accessing the Facilities, you agree to any updates to the Club Policies.
Without limiting any of the Club Policies, you hereby understand and agree that:
(a) You will not behave inappropriately or treat Onsite Workers in an inappropriate manner. Inappropriate behavior includes, without limitation, unwanted touching, sexual innuendos, sexual jokes, unsuitable, racist, or ageist language, conversation, and/or gestures. Any Onsite Worker may refuse to render services to you due to any inappropriate behavior without refund (if applicable).
(b) The Lodge is BYOB for its members. If you are intoxicated you may be asked to leave the Facilities at the discretion of The Lodge management and without further liability of The Lodge.
(c) The Lodge is a private club, and you shall respect the privacy of the Other Members and the Onsite Workers. You agree not to share personal information outside of The Lodge of any Other Member or any Onsite Worker, including but not limited to pictures or videos of any Other Member or any Onsite Worker, or likeness, addresses, phone numbers, or any other information, whether voluntarily or involuntarily shared by such Other Member(s) or Onsite Worker(s) within the Facilities or on the surrounding property.
(d) You shall not engage in any outside business activity or side agreements with any Other Members or any Onsite Worker or solicit or advertise to any Other Members or
any Onsite Worker in connection with your use of your Membership Services or while on premises at the Facilities (or the surrounding property).
(e) You shall not slander, disparage, or defame any Other Member, any Onsite Worker, or any other member of The Lodge Group (as defined below). (f) Your reservation on any Game Management System shall be at your own risk. If you are not at the Facilities within one (1) hour of making a reservation for a game on the Game Management System, you shall not be permitted to participate and you continue to be obligated to pay any Fee associated with such reserved Usage/shall not be entitled to a refund.
Agreement for Use of Name, Image, and Likeness.
You acknowledge and agree that your presence at the Facilities, whether by way of your Usage or otherwise, may be photographed, audiotaped, videotaped, recorded, or live streamed (“Recordings”). By accessing the Facilities, you agree to be recorded, photographed, videotaped, or live-streamed and grant The Lodge and its licensees, vendors, and Other Members permission to use such Recordings for entertainment, publicity, personal or other purposes. You agree that you shall not have any expectation of privacy in connection with your Usage or use of or presence in the Facilities (or the surrounding property).
You further acknowledge and agree that The Lodge (a) on its own and through authorized third-party designees (including without limitation the Game Management System providers) will be recording, photographing, videotaping, filming, streaming, and creating other audio and/or visual depictions of on-premises games, (b) will be using and exploiting the depictions via streaming internet audio and video and other media existing now or in the future, (c) has full rights to any pictures, videos, or livestreams depicting activity at The Lodge and may share depictions of activity via Website and other social media and livestreaming platforms. In addition, you agree that such depictions may be used for all purposes including advertising and commercial purposes, publicity, and promotion for The Lodge and its affiliates, as well as any programs or events created by The Lodge or its affiliates, including without limitation print, direct mail, e-mail, internet, indoor and outdoor signage, radio, and television advertisements (collectively “Promotions”).
You hereby consent to being recorded, photographed, filmed, and taped by The Lodge, it agents and/or its third-party designees (including without limitation the Game Management System providers) in the Recordings. You further consent to use and exploitation of your name, voice, likeness, image, actions, statements, caricatures, nicknames, signature, mannerisms, traits, speech, phrases, and other unique personal characteristics, (collectively the “Likeness”) by The Lodge or its affiliates, its agents and/or its third party designees (including without limitation the Game Management System providers) as they appear in any Recordings and/or visual or electronic depictions of any
games held at the Facilities or by The Lodge or its affiliates or in Promotions created by The Lodge, its affiliates or their respective agents, by any means and through any medium without further authorization or compensation. The Lodge shall have the right to change, alter, revise, edit, add to, or subtract from the Likeness in The Lodge’s sole discretion, as well as the right to combine the Likeness with material furnished or created by others, and to use the Likeness in Promotions without any additional approvals or review by you. The Lodge is not obligated to use your Likeness in any Promotions.
You hereby agree that any table in the Facilities or at any event of The Lodge or its affiliates may be livestreamed and/or tracked for the Game Management System and that you have no right to demand or refuse to participate in a livestreamed table or such tracking. All livestreams and updates of games will include depictions of your hole cards, with a 30- minute delay to ensure game integrity. You hereby consent to the disclosure of actions and hole cards via the Livestreaming Services, the Game Management System, or other media. You acknowledge and agree that if you refuse to participate in a livestreamed or tracked table in a tournament, you may be penalized, up to and including disqualification, without refund or other compensation.
RELEASE OF LIABILITY; WAIVER; AND INDEMNFICATION.
You voluntarily accept full responsibility for the risk of injury or loss from participating in Club activities. You further agree that none of The Lodge, its affiliate and their respective employees, owners, directors, managers, representatives, agents, and/or contractors, and their successors, heirs, and assigns (collectively, “The Lodge Group”) shall be liable for any personal, bodily, or mental injury, disability, death, property loss or damage, economic loss, or any other damage suffered by you, your spouse, any of your family members or relatives, or any other person, resulting from your or any other person’s:(a) receipt of, or participation in, the Membership Services, the Livestreaming Services, and/ or any Third-Party Onsite Services, (b) access or use of the Facilities (including the surrounding property), the Website, the Game Management System, and/or the Content, including without limitation the negligence, recklessness, or omission of any member of The Lodge Group. You, for yourself and your heirs and personal representatives, forever release, waive, and discharge each member of The Lodge Group, from any and all of the foregoing liability, claims, and/or damages.
You agree that The Lodge Group is not responsible for your lost, confiscated, or stolen goods.
You irrevocably and unconditionally waive and release each member of The Lodge Group from any and all claims arising out any Recordings, Promotions or use of your Likeness, including, without limitation, any claims for or damages related to invasion
of privacy, infringement of your right of publicity, false endorsement, defamation (including libel and slander) and any other personal and/or property rights of any kind or nature.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT CERTAIN OF THE MEMBERSHIP SERVICES ARE OFFERED BY THIRD-PARTY ONSITE SERVICES THAT ARE NOT AFFILIATED WITH THE LODGE GROUP. BY PARTAKING IN ANY SUCH THIRD-PARTY ONSITE SERVICES WITH A THIRD PARTY, YOU ARE ENTERING INTO A SEPARATE BUSINESS RELATIONSHIP WITH SUCH THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT THE LODGE GROUP IS NOT RESPONSIBLE FOR ANY ASPECT OF YOUR RECEIPT OF OR PAYMENT FOR SUCH THIRD-PARTY ONSITE SERVICES. AS SUCH YOU, FOR YOURSELF AND YOUR HEIRS AND PERSONAL REPRESENTATIVES, FOREVER RELEASE, WAIVE, AND DISCHARGE THE LODGE GROUP, FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR RECEIPT OF THIRD-PARTY ONSITE SERVICES FROM THIRD PARTIES.
YOU SHALL INDEMNIFY AND HOLD THE LODGE GROUP HARMLESS FROM ANY COSTS, LOSSES, DAMAGES, AND ATTORNEY FEES THAT MAY BE INCURRED BY ANY MEMBER OF THE LODGE GROUP IN ANY CLAIM OR LEGAL PROCEEDING BROUGHT BY YOU, ON YOUR BEHALF OR BY A MEMBER OF THE LODGE GROUP DUE TO YOUR BREACH OF THIS THESE MEMBERSHIP TERMS, THE CLUB POLICIES, THE TERMS OF USE, AND/OR THE PRIVACY POLICY.
ENTIRE AGREEMENT; MODIFICATION
These Membership Terms (including the Club Policies), the Terms of Use and Privacy Policy (each of which are hereby incorporated into these Membership Terms in their entirety), set forth the entire understanding and agreement of you and The Lodge, and there are no other warranties, agreements, or understandings between you and The Lodge, express or implied, pertaining to this subject matter.
You acknowledge that you have relied on your own judgment or have been advised by an attorney of their choice prior to entering into these Membership Terms.
These Membership Terms may not be modified or amended by you or any party other than The Lodge in any manner except by a writing executed by the member and an authorized officer of The Lodge. These Membership Terms shall be deemed executed and delivered within the State of Texas, is made in contemplation of its interpretation and effect being construed in accordance with the laws of Texas applicable to agreements fully executed and performed in Texas. These Membership Terms shall be binding on all parties for the lifetime of your Membership unless terminated as provided herein.