Terms of Service

CAPITALIST CLUB LLC – TERMS OF SERVICE & MEMBERSHIP AGREEMENT

Last Updated: 11/29/2025

This Terms of Service and Membership Agreement (“Agreement”) is a legally binding contract between Capitalist Club LLC, a California limited liability company (“Capitalist Club,” “Company,” “we,” “us,” or “our”), and each individual or entity accessing, visiting, using, or participating in any facility, service, membership, event, contest, or activity provided by Capitalist Club (“Member,” “Guest,” “Participant,” or “you”).

By purchasing a membership, entering the premises, participating in events, using amenities, or engaging in any skill-based challenge or activity, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.

1. DEFINITIONS

1.1 “Facility” refers to Capitalist Club’s physical premises, including all coworking areas, lounges, conference rooms, golf simulator bays, billiards areas, recliner seating, televisions, event spaces, coffee/snack areas, parking lots, and any future expansions or locations.

1.2 “Member” includes all individuals with an active Affiliate or Executive membership.

1.3 “Affiliate Membership” provides access to Capitalist Club’s community network, limited amenities, and special events as designated by the Company. It does not grant unrestricted daily facility access.

1.4 “Executive Membership” provides full access to the Facility during posted business hours, subject to this Agreement.

1.5 “Day Pass Guest” refers to any temporary visitor who purchases a day-use pass.

1.6 “Event Attendee” refers to any individual who enters the Facility solely to attend a specific event.

1.7 “Participant” refers to any individual taking part in a skill-based challenge, contest, game, promotion, or activity offering a cash or non-cash prize.

1.8 “Skill-Based Challenge” or “Challenge” includes, without limitation, the Hole-in-One Challenge, Run-the-Rack Billiards Challenge, and any present or future contest requiring skill rather than chance.

1.9 “BYOB” means “bring your own beverage,” including alcohol, which participants may consume responsibly and in compliance with applicable laws.

2. MEMBERSHIP TYPES & ACCESS RIGHTS

2.1 Affiliate Membership

Affiliate Members receive:

  • Access to networking events hosted at the Facility
  • Limited day-use access as designated by the Company
  • Access to the Member network, communication channels, and special invitations
  • No guaranteed access to the Facility for coworking or lounge use during standard operational hours unless explicitly allowed

2.2 Executive Membership

Executive Members receive:

  • Full access to the Facility during published hours
  • Priority access to amenities (golf simulator, billiards, lounge seating, conference areas)
  • Ability to book rooms and participate in Club-hosted events

2.3 Day Pass Guests

Day Pass Guests:

  • May use approved areas during designated hours
  • Must adhere to all rules, waivers, and conduct expectations
  • May not access restricted member-only areas

2.4 Event Attendees

Event Attendees:

  • May access only the event areas for the duration of the event
  • May be required to sign waivers

2.5 No Transfer or Sharing

Memberships are non-transferable, non-shareable, and may not be used by anyone other than the registered Member unless explicitly written authorization is granted.

3. MEMBERSHIP BILLING & 30-DAY CANCELLATION POLICY

3.1 Billing

Membership dues are automatically billed monthly to the payment method on file.

3.2 30-Day Notice Requirement

You may cancel your membership at any time; however:

Cancellation requires at least thirty (30) days’ advance written notice prior to your next billing cycle.

If notice is provided fewer than 30 days before your next billing date, one final monthly fee will still be charged, and your membership will terminate at the end of the subsequent billing period.

3.3 No Retroactive Refunds

Capitalist Club does not provide refunds for:

  • Partial months
  • Non-use of the Facility
  • Failure to cancel within the required notice period
  • Missed events or unused features

3.4 Fee Changes

Capitalist Club may revise membership rates with at least thirty (30) days’ notice.

4. FACILITY AMENITIES & USE RULES

The Facility includes the following amenities, subject to availability:

  • Golf simulator (E6 or similar)
  • Billiards table
  • Lounge seating including recliners
  • Poker & card tables
  • Multiple large-screen televisions
  • Conference and meeting areas
  • Coffee, water, and snacks
  • BYOB for alcoholic beverages

4.1 BYOB (Bring Your Own Beverage)

  • Members may bring limited quantities of alcohol for personal consumption.
  • Excessive intoxication, disorderly conduct, or unsafe behavior is prohibited.
  • The Company assumes no responsibility or liability for alcohol consumption or related incidents.

4.2 Prohibited Items

  • No indoor cigar smoking
  • No vaping or smoking of any kind indoors
  • No illegal drugs or controlled substances

4.3 Equipment Rules

Members agree to:

  • Use all equipment responsibly
  • Follow posted rules and staff instructions
  • Report damage immediately
  • Pay for any repair or replacement caused by misuse or negligence

4.4 Conduct

Capitalist Club reserves the right to remove or suspend any Member, Guest, or Participant for:

  • Violent, disruptive, or unsafe behavior
  • Harassment or discrimination
  • Theft or property damage
  • Failure to comply with this Agreement

No refunds will be issued for removal due to misconduct.

5. SKILL-BASED CHALLENGES & CASH PRIZE CONTESTS

Capitalist Club hosts various skill-based challenges, including:

5.1 Hole-in-One Challenge

  • $25 for ten (10) golf balls
  • $50 for twenty-five (25) golf balls
  • Prize amount varies based on the selected hole
  • A “Hole-in-One” must meet defined criteria per the official challenge rules

5.2 Run-the-Rack Billiards Challenge

  • $25 for one (1) rack
  • $100 for five (5) racks
  • Prize amount is based on number of shots required to sink all 15 balls
  • Must comply with the challenge rules, scoring, and adjudication procedures

5.3 Future Skill-Based Challenges

Capitalist Club may introduce additional contests involving skill, including but not limited to:

  • Darts
  • Cornhole
  • Basketball shot challenges
  • Specialty golf or billiards variations
  • Timed challenges
  • Accuracy or precision contests
  • Strategy or point-based skill games

5.4 Eligibility

To participate, individuals must:

  • Be 18+ years old
  • Sign the required waiver
  • Pay the necessary entry fee
  • Use equipment as instructed
  • Agree that the Company’s scoring and ruling are final

5.5 Payouts

All payouts are self-funded by Capitalist Club and not insured.
The Company reserves the right to request identity verification prior to issuing any prize.

5.6 No Chance-Based Games

Capitalist Club does not operate gambling, chance-based games, raffles, or anything classified as a lottery. All contests require skill.

6. GUESTS & MINORS

6.1 Guests

Guests:

  • May use permitted areas if accompanied
  • Must follow all rules and policies
  • Are subject to removal if in violation

6.2 Minors

Minors are permitted only:

  • During pre-approved events, and
  • When accompanied by a parent or legal guardian

Minors may not:

  • Consume alcohol
  • Participate in skill-based challenges
  • Enter restricted member-only areas

Parents/guardians assume full responsibility for minors.

7. PHOTO, VIDEO & MARKETING CONSENT

By entering the Facility or attending an event, you grant Capitalist Club:

  • Permission to photograph, film, or record you
  • The right to use such media for marketing, promotions, social media, and advertisements
  • A perpetual, royalty-free, and unrestricted license

If you wish to opt out, you must notify management in writing prior to entry.

8. ASSUMPTION OF RISK & MAXIMUM LIABILITY WAIVER

THIS IS A FULL, MAXIMUM-STRENGTH LIABILITY WAIVER.
By using the Facility, you voluntarily assume all risks associated with:

  • Physical activity (golf swings, billiards, simulator play, movement in the lounge, etc.)
  • Equipment use
  • Alcohol consumption
  • BYOB behavior of others
  • Furniture use (recliners, chairs, tables)
  • Slips, falls, collisions
  • Stray golf balls or simulator malfunctions
  • Errant billiards shots
  • Participation in skill-based contests
  • Acts of other Members or Guests

8.1 Release of Liability

To the fullest extent permitted by law, you release Capitalist Club LLC and its owners, employees, agents, contractors, event hosts, and affiliates from any and all claims, damages, injuries, expenses, and liabilities arising from:

  • Personal injury
  • Property damage or theft
  • Emotional distress
  • Accidents, falls, or collisions
  • Alcohol-related incidents
  • Participation in challenges
  • Negligence of other Members or Guests
  • Use of equipment
  • Facility conditions

8.2 Indemnification

You agree to indemnify and hold Capitalist Club harmless from any claims brought by:

  • Guests you bring
  • Minors under your supervision
  • Third parties harmed by your actions
  • Individuals involved in incidents stemming from your conduct

9. DAMAGES & RESPONSIBILITY

Members and Guests are financially responsible for:

  • Damage to equipment caused by misuse or negligence
  • Damage caused by intoxication
  • Cleanup or repair resulting from misconduct
  • Replacement costs for lost or stolen access cards

Capitalist Club may charge the card on file for damages.

10. ACCESS CONTROL & SECURITY

Capitalist Club may use digital access control, NFC devices, app-based access, or other technology.

You agree not to:

  • Share access credentials
  • Allow unauthorized entry
  • Tamper with doors, locks, or systems

Violation may result in termination.

11. NO WARRANTIES

Capitalist Club provides the Facility and all amenities as-is and as available, without warranties of any kind.

12. TERMINATION

Capitalist Club may suspend or terminate a membership immediately for:

  • Unsafe behavior
  • Violation of policies
  • Failure to pay
  • Harassment or disorderly conduct
  • Damaging property
  • Refusing to follow staff instructions

No refund will be provided for terminated memberships.

13. BINDING ARBITRATION & CLASS ACTION WAIVER

13.1 Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved exclusively by binding arbitration in Orange County, California.

13.2 No Class Actions

You agree that:

  • Arbitration shall be conducted on an individual basis only
  • Class actions, group claims, and collective proceedings are prohibited

13.3 Governing Law

This Agreement is governed by the laws of the State of California.

14. AMENDMENTS

Capitalist Club may update these Terms at any time. Members will be notified via email or posting. Continued use constitutes acceptance.

15. ENTIRE AGREEMENT

This Agreement constitutes the full understanding between you and Capitalist Club LLC regarding use of the Facility, membership terms, participation in challenges, and all associated activities.