RENAISSANCE CLUB LLC

VOLUNTARY RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT:

In exchange for the right to participate in this Membership (as defined below), I, on behalf of myself and my heirs, estate, administrators, representatives, successors, guardians and assigns, hereby execute this Voluntary Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Agreement”) and agree as follows:

Please read, understand and click the “I Agree” button at registration to signify that you agree to all of the following Terms and Conditions (“Terms”) as they are binding for all purchases made for experiences provided and/or arranged by the Renaissance Club LLC (a “Membership”).

NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT. YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US RELATING TO THE WEBSITE, MEMBERSHIP OR THE SERVICES, THESE TERMS OR ANY TERMS AND CONDITIONS CONTAINED HEREIN MUST BE ARBITRATED, AND YOU EXPRESSLY WAIVE THE RIGHT TO (1) ASSERT CLAIMS AGAINST US IN COURT; (2) PARTICIPATE IN A REPRESENTATIVE OR CLASS ACTION; AND (3) HAVE A JURY HEAR YOUR CASE. YOU EXPRESSLY CONSENT TO HAVE ALL OF YOUR CLAIMS ARBITRATED ON AN INDIVIDUAL BASIS ONLY.

YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE AND DISCLOSE YOUR DATA AND WHICH IS INCORPORATED INTO THESE TERMS, AND YOU CONSENT TO SUCH COLLECTION, USE AND DISCLOSURE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE WEBSITE OR ANY SERVICES.

By purchasing a Membership, you are agreeing to the following Terms and Conditions of sale specified herein and any other provision as may be specified by Renaissance Club LLC (“Renaissance Club”).

1. VOLUNTARY RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND RIGHTS TO MATERIALS OBTAINED THROUGH MY PARTICIPATION IN EXPERIENCES:

*Note: The waiver below is in addition to and not instead of the waivers of individual vendors who may provide experiences as part of a Membership. For any experience that involves a vendor waiver, you will be sent a copy for review prior to the experience. You are under no obligation to attend any experience with which you are uncomfortable. By going to an experience, you are acknowledging and representing that you have read such vendor’s individual waiver (as well as the one below), understand it fully, and sign it voluntarily as your own free act and deed.

In exchange for the right to participate in this Membership (as defined below), I, on behalf of myself and my heirs, estate, administrators, representatives, successors, guardians and assigns, hereby execute this Voluntary Release and Waiver of Liability, Assumption of Risk and Indemnity and agree as follows:

A. I, acknowledge that I have voluntarily registered myself to participate in a Membership and experiences arranged in connection therewith. Renaissance Club and each of its respective affiliates and each of their respective officers, employees, directors, members, shareholders, contractors, agents, representatives, licensees and assigns are collectively referred to herein as the “Released Party(ies).”

I acknowledge that (a) I am in good mental and physical health such that I am fit and capable of participating in the Membership, and (b) I am not and will not be under the influence of alcohol or any drugs on the day of the experience.

I agree to comply with and follow all safety or other procedures, precautions and instructions given to me in connection with the Membership and acknowledge that any Released Party will have the right to prevent me participating in the Membership at any time and may request me to remove myself from the Membership or any experience. I will promptly comply with any such request.

All personal items/belongings shall be kept by me at my sole risk. I will not carry or bring any dangerous, harmful or hazardous objects with me on any experiences as part of my Membership including but not limited to explosive items, weapons or items deemed to be dangerous or harmful to other visitors at the applicable site.

B. BY CHOOSING TO VOLUNTARILY PARTICIPATE IN THE MEMBERSHIP AND BY SIGNIFYING AGREEMENT WITH THESE TERMS, I FULLY ACKNOWLEDGE AND ASSUME ALL RISKS AND HARMFUL CONSEQUENCES INHERENT TO AND ASSOCIATED WITH THE MEMBERSHIP, INCLUDING, WITHOUT LIMITATION, THE RISK OF INJURY (EVEN DEATH), DISEASE OR OTHER AILMENTS OR CONDITIONS, KNOWN OR UNKNOWN, THAT MAY LEAD TO A SERIOUS DISABILITY, WHETHER OR NOT CAUSED DUE TO THE ACTIONS, OMISSIONS, NEGLIGENCE OR GROSS NEGLIGENCE OF ANY RELEASED PARTY.

I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE RELEASED PARTIES, OR ANY OF THEM, FOR ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, DEMANDS, INJURIES (INCLUDING DEATH), PROPERTY DAMAGE, DISABILITIES OR DAMAGES, INCLUDING COURT COSTS AND ATTORNEY’S FEES AND EXPENSES, OF EVERY KIND AND NATURE, RESULTING FROM MY PARTICIPATION IN THE MEMBERSHIP, INCLUDING WITHOUT LIMITATION, ANY CLAIMS FOR ANY INJURIES (INCLUDING DEATH) OR DAMAGES SUSTAINED AS A RESULT OF THE NEGLIGENCE OR GROSS NEGLIGENCE OF RELEASED PARTIES OR ANY OF THEM.

To the extent that California Civil Code Section 1542 applies to the release contained in these Terms, I expressly waive any rights or benefits available to me under that section, which code section is quoted as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

I understand the statutory language of Section 1542 of the California Civil Code, but nevertheless elect to and hereby do release Renaissance Club from all claims, whether known or unknown, as described above, and specifically waives any rights which it may have under said Civil Code Section or any comparable statute that may exist under any applicable state law.

With respect to my waiver of Civil Code Section 1542 only, I fully understand that if the facts with respect to the Agreement are found hereafter to be other than or different from the facts now believed by it to be true, I expressly accept and assume the risk of such possible differences in fact and agree that the Agreement shall be and remain effective, notwithstanding any such differences.

C. I agree to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities, demands, injuries (including death), property damage, disabilities or damages, including court costs and attorney’s fees and expenses, arising from my actions or omissions relating to the Membership (whether or not caused in part by any action, omission, negligence or gross negligence of any Released Party).

D. I agree that the Released Parties, as well as any individual or party engaged by the Released Parties, shall have the right to photograph and record me in connection with the Membership and use my name, image, voice, likeness, photographs and recordings featuring me (collectively, “Materials”) in any manner whatsoever.

Released Parties shall be the owner of all Materials and shall have the right (but not the obligation) to reproduce, exhibit, advertise, exploit and use, and to license others to reproduce, exhibit, advertise, exploit and use all such Materials in any and all media now or hereafter known or devised, throughout the universe, in perpetuity, without any additional compensation to me including, without limitation, the right to alter or edit such Materials. I agree that I have no rights in or to any Materials.

2. PURCHASES, PAYMENT, CANCELLATION AND REFUNDS

A. Membership Sign-Up and Billing. To sign up and become a member for our experiences, please do so through our website at https://www.renaissanceclub.co (“Website”). Only person(s) who are at least 18 years of age are permitted to become a member or sign up for a subscription to our experiences.

We offer a Monthly Subscription and you will be immediately billed the price for the Monthly Subscription that was set forth when you signed up for the Monthly Subscription. The purchase will not be considered final until receipt of a confirmation email from Renaissance Club.

B. Cancellation. You may cancel at any time, subject to the time frames below. We do not place “holds” on Subscriptions. In order to cancel your Subscription, you must cancel either via your member portal, or by requesting cancellation directly via email. There are no cancellation fees. Cancellations must be effected prior to the billing date of the subscription renewal.

C. Payment Authorization. You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for subscriptions. We accept the forms of payment stated on the Website and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund.

We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon:

(a) you providing complete personal, account, transaction and any other information needed,

(b) authorization of the payment by your credit or debit card company, and

(c) acceptance of your payment.

D. Payment Cancellation. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following:

(i) if you attempt to use a Membership in breach of any applicable law or regulation, including the card network rules or regulations;

(ii) if you use the Membership in breach of these Terms;

(iii) if we suspect fraudulent, unlawful or improper activity regarding a payment;

(iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or

(v) failure to cooperate in an investigation or provide additional information when requested.

E. Refunds and Membership Credits.

(1) All Payments Are Final. All membership fees are non-refundable, including fees for any membership cycle in which you did not attend, use, or schedule an experience, and for any cycle in which no experience was booked for you for any reason. This includes, without limitation, cycles in which you did not submit your availability, declined or did not respond to offered experiences, failed to attend a booked experience, or did not cancel your Membership before the renewal date.

(2) Credits for Unbooked Cycles. If you paid for a membership cycle and no experience was booked for you during that cycle, you may request that the cycle be converted into a membership credit (“Credit”). To request a Credit, contact us through your member portal or by email.

Each Credit may be redeemed for one additional experience under your membership tier, or, where available, an additional ticket for a guest at a future experience. Some premium experiences may not be eligible for guest tickets. Credits are not available for any cycle in which an experience was booked for you, whether or not you attended it.

(3) Credit Terms. Credits do not expire. Credits have no cash value. They are not refundable, not redeemable for cash, and may not be sold or transferred except as a guest ticket as described above.

Credits may only be redeemed while your Membership is active or paused, and may not be redeemed after your Membership is cancelled. If you cancel and later rejoin, any unredeemed Credits will be restored to your account. Redemption of a Credit is subject to experience and vendor availability.

(4) Discretionary Exceptions. Renaissance Club may, in its sole discretion, issue a full or partial refund in individual circumstances. Any such refund is a one-time courtesy. It does not entitle you or any other member to a refund in the future, and it does not waive or modify this Section.

(5) Payment Disputes. If you believe you were charged in error, please contact us before disputing the charge with your card issuer so we can resolve it directly. If you initiate a chargeback for a membership fee that was properly charged under these Terms, we may suspend your Membership and cancel any outstanding Credits until the dispute is resolved.

(6) Legal Rights. Nothing in this Section limits any refund rights you may have under applicable law that cannot be waived by agreement.

3. INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICES

A. Intellectual Property Rights. All content on the Website, or otherwise made available via the Website, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Website and/or services (“Site Design”), and all software and other technology used to provide the Website and/or services (“Technology”), are owned by or licensed to Renaissance Club and/or its affiliates.

Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Website and/or services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.

B. Third-Party Content. The Website may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Website may contain links to third-party websites. Renaissance Club is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.

C. Third-Party Services. Third parties may offer their services directly to you through the Website. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Renaissance Club will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.

4. CONTRIBUTIONS TO RENAISSANCE CLUB.

Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Website or otherwise provide to us are referred to as “User Content.” The following terms apply to User Content:

A. License to Renaissance Club. By sharing, submitting or uploading any User Content, you grant Renaissance Club a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.

B. Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in Section 4.A.

C. Right to Name and Likeness. Subject to our Privacy Policy, you also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User Content in connection with such User Content.

D. Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Website or otherwise provide to us. Accordingly, you represent and warrant that:

(1) you have all rights, licenses, consents, and releases necessary to grant Renaissance Club the required rights to disseminate any User Content and

(2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Renaissance Club’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

E. No Obligations Regarding User Content. We will have no obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.

5. COPYRIGHT INFRINGEMENT NOTIFICATION AND PROCEDURE.

If you believe that this Website contains text, images, or other elements that infringe your copyrights in your work, please follow these procedures.

A. All notifications of claimed copyright infringement related to this Site should be sent only to our Designated Agent identified below. Note that the Designated Agent may change from time to time, so you should check these Terms and Conditions before sending any notification to us.

(a) Written notification must be submitted by email or mail to the following Designated Agent:

Renaissance Club Copyright Agent

(b) Full Address of Designated Agent to Which Notification Should be Sent:

Renaissance Club Copyright Agent

12807 Sherman Way #1088, North Hollywood, CA 91605

(c) Telephone Number of Designated Agent:

847-337-2715

(d) Email Address of Designated Agent:

[email protected]

B. In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(i) An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);

(ii) Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;

(iii) A description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this Website where it is lawfully posted);

(iv) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;

(v) Your name, address, telephone number, and e-mail address;

(vi) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vii) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

6. WARRANTIES; DISCLAIMER; LIMITATION OF LIABILITY

A. NO WARRANTIES. THE WEBSITE, SERVICES, MEMBERSHIP AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. RENAISSANCE CLUB DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

RENAISSANCE CLUB DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES WILL BE IN STOCK, AVAILABLE, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.

B. USE OF WEBSITE IS AT YOUR OWN RISK. RENAISSANCE CLUB DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA.

RENAISSANCE CLUB MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. RENAISSANCE CLUB WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. RENAISSANCE CLUB MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.

C. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. RENAISSANCE CLUB DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND RENAISSANCE CLUB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

RENAISSANCE CLUB WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

D. NO CONSEQUENTIAL DAMAGES. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL RENAISSANCE CLUB, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “RENAISSANCE CLUB” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE WEBSITE, SERVICES, MEMBERSHIP OR PRODUCTS, EVEN IF RENAISSANCE CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. RENAISSANCE CLUB WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE, OR LOSS OF GOODWILL.

E. OUR LIABILITY IS LIMITED. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $99.99. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT RENAISSANCE CLUB MAY NOT EXCLUDE UNDER APPLICABLE LAW.

7. INDEMNIFICATION.

You agree to defend, indemnify and hold us harmless from and against any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Website, your User Content, breach of these Terms and Conditions or Privacy Policy.

You also agree to indemnify and hold us harmless from any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

8. TERMINATION; SURVIVAL

A. Term. We may terminate, change, suspend, restrict or discontinue any aspect of the Website at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or terminations of your Website use privileges or your use of our services.

However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, Content, services provided to you, including participation in experiences and anything connected with, relating to or arising therefrom.

B. Modification and Termination of Site and Services. We may modify or terminate the Website or the services, your access thereto, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.

C. Suspension or Termination. We may deny you access to all or part of the Website or our services at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.

D. Effect of Termination. If we terminate your right to access the Website or our services, all rights you have to access the Website or our services will immediately terminate.

9. DISPUTES; CHOICE OF LAW; ARBITRATION; CLASS ACTION WAIVER.

With respect to any dispute regarding the Website, Membership or these Terms, all rights and obligations and all actions concerning these Terms, shall be governed by the laws of California, as if these Terms were a contract wholly entered into and wholly performed within California.

By using the Website or our services, you agree that any dispute in any manner arising out of or relating in any way to these Terms, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to JAMS’ arbitration rules, held before a single neutral arbitrator in the Los Angeles, California area.

The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All initial filing costs of arbitration shall be paid by Renaissance Club and the parties will split the arbitrator’s fees, except only if the arbitrator determines the claims are frivolous, or that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court.

Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action, are referred to herein as a “Class Action.” Notwithstanding anything else in the Terms and Conditions or the JAMS rules but subject to the exception for public injunctive relief below, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision.

You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the services or these Terms: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall be exempt from this arbitration provision and brought in court.

This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction. Judgment on any arbitration award may be entered in any court having valid jurisdiction thereof. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court with appropriate jurisdiction or public injunctive relief as appropriate and as allowed under this agreement or by law, in which case the parties submit to the sole and exclusive jurisdiction and venue of the state and federal courts of Los Angeles, California.

10. GENERAL

You acknowledge and agree that these Terms, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and our services, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms at any time by posting the changes on the Website and any changes are effective upon notice to you.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

© 2024 Renaissance Club LLC. All rights reserved.