Private Social Club Membership Agreement
This Membership Agreement (“Agreement”) sets forth the terms and conditions under which Texas Card House and its related legal entities (“Online Club” or “APP”) grant the privileges and rights of private social club Membership to the undersigned Member (“Member” or “You”).
- Membership Eligibility: Members must be at least 18 years of age. The Club, in its sole discretion, reserves the right to accept or reject applicants for Membership and to terminate the Membership of any Member. Members are considered probationary for 30 days from the initial establishment of Membership.
- Dues and Fees and other payments: Memberships are available in daily, monthly, and annual durations. The prices for these durations may vary from time to time. Expired Memberships are not recognized; if at any point in time one’s Membership has expired, it must be renewed and paid in full to restore access to the Club. Other usage fees may be charged from time to time for various amenities and activities at the Club or on the APP. The Club does not provide Member house accounts, charge accounts, or the like. All Membership fees and usage fees must be paid in full by cash, credit card or debit card at the point of sale.
- Membership Rights and Privileges: Membership grants access to the Club’s facilities and use of the APP as well as the right to partake in activities and amenities such as game play and televised events and social events. Membership does not convey any financial interest in the Club; Texas Card House is a fee-based Membership Club, not an equity Membership Club.
- Club Rules: Member agrees at all times to abide by Club rules as posted at www.texascardhouse.com/rules.
- Representations: Member represents and warrants his/her application for Membership is made in good faith. Member represents and warrants he/she shall not disclose information obtained at the Club regarding other Members including their identities, likenesses, addresses, or any other identifying information. Member warrants that he/she is relying on his/her own judgment plus the judgment of his/her advisors in entering into this Agreement. The Club does not provide advice, legal or otherwise, to prospective Members related to this Agreement. The Member understands, acknowledges and agrees that the APP is geo-restricted and cannot be used unless the Member is a Texas resident who is physically present in the State of Texas when using the APP, or if a non-resident of the State of Texas, is physically present in the State of Texas when using the APP.
- Release of Liability, Waiver, and Indemnification: In consideration of becoming a Member, Member voluntarily accepts full and sole responsibility for the risk of any loss arising from participation in Club activities. Member further agrees that parties to the Club including Directors, Staff, other Members, Contractors, plus their successors and assigns will not be liable for any personal, bodily, or mental injury, disability, death, economic loss, or any other damage to the Member, his/her spouse or domestic partner, children, heirs, or other relatives resulting from negligence, recklessness, or omission, without limitation. Accordingly, to the fullest extent of the law, Member forever releases, waives, and discharges parties to the Club, their successors and assigns, from any and all such claims. Member indemnifies the Club and its parties from any costs, losses, damages, and attorneys’ fees which may be incurred in any claim or legal proceeding brought by Member or on Member’s behalf. Member and the Club agree that any award for breach of this Agreement is specifically limited to actual damages and that neither party may seek or recover indirect, special, incidental, or consequential damages.
- Consents: Member consents to the Club performing public records and criminal background checks from time to time. Member consents to a release of any photos, videos, and audio of the Member that may be captured in screen shots of the APP or in the club from time to time and used for Marketing purposes.
- Jurisdiction: Member and the Club agree that this Agreement is governed in accordance with the law of the State of Texas. Any dispute, controversy, or claim arising from this Agreement shall be brought subject to arbitration, before one arbitrator selected in accordance with the then current Commercial Rules of the American Arbitration Association. Venue for any arbitration shall be in Travis County, Texas. The prevailing party may recover its reasonable and necessary attorney fees and costs.
- Contact Information and Phone Consent: Member hereby grants the Club “opt-in” permission to send emails, SMS updates, and phone calls regarding events, policies, and other information from time to time, with the option to unsubscribe or notify the Club to cease phone communications at any time.