Inner Circle

HANDLEBAR PUB & GRILL MEMBERSHIP TERMS AND CONDITIONS. SEPT. 2022

A. INTRODUCTION 

1. SCOPE. These Terms and Conditions (the “Terms”) govern your membership in the Handlebar Pub & Grill’s Membership Club (the “Club”) operated the Handlebar Pub & Grill. Please read these Terms carefully. By signing up to become a Member in the Club, or otherwise participating in the Club in any way, you acknowledge and agree to these Terms. If you do not agree with these Terms, please do not subscribe to the Club.

2. UPDATES These Terms may be updated or amended by us from time to time 

without notice to you by our posting a revised version of these Terms on our Website, handlebarpubandgrill.com 

Any changes to these Terms will be effective prospectively as of the date noted when

the updated Terms are posted. It is your responsibility to periodically review these Terms

in case of any such updates or amendments. If you do not agree to any updates or

amendments, you must terminate your membership in the Club.

3. NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER. PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR MEMBERSHIP IN THE CLUB MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION.  PLEASE SEE SECTION H BELOW.

B. MEMBERSHIP

1. DURATION 

2. The benefits of Club membership will be provided to you 60 days at 

3. a time.

4. Except as described in Section B.2 

5. below, the initial term of your membership in the Club will commence on the date 

6. you sign up and will continue for the remainder of the 60 day in-process 

7. when you sign up (regardless how many days remain in that period, except your 

8. initial dine-in and takeout perks will be available for 60 days after the date you sign 

9. up), unless terminated early by you or The Handlebar Pub & Grill. . AT THE END 

10. OF YOUR INITIAL TERM AND AT THE END OF EACH 60 DAY PERIOD 

11. THEREAFTER, YOUR CLUB MEMBERSHIP WILL AUTOMATICALLY END 

12. UNLESS YOU RENEW. LAPSED MEMBERSHIPS THAT ARE RESIGNED,

13. WILL NOT ROLL OVER, BUT WILL BE PRESUMED TO BEGIN AGAIN AS OF

14. THE DATE OF SIGNING. 

2. Eligibility. To be eligible for the Club, you must be an individual and 21 years of age 

or older. Corporations, charities, associations and other entities may not subscribe to 

the Club. Handlebar Pub & Grill reserves the right to approve or deny your request to 

subscribe to the Club, for any or no reason, in our sole discretion.

4. Registration. To subscribe to the Club, you must provide us with the information 

requested during the applicable Club sign-up process, including your payment 

information. 

By signing up for the Club you will automatically be registering for The Handlebar Pub & 

Grill Loyalty Program . See our Loyalty Program Terms and Conditions to learn more 

about the program. You are solely responsible for any authorized or unauthorized

access to or use of your Club account by any person, and for all fees and charges 

incurred as a member of the Club. You agree to notify us promptly regarding any 

unauthorized access to or use of your Club account.

5. Benefits. As a member of the Club, you will be eligible to receive the exclusive Club 

benefits during each 60 day Period that your membership is in effect When picking 

up any alcohol at The Handlebar Pub & Grill you or your designee will be required to 

show a valid identification establishing that the person picking up the beer is 21 years or 

older. Handlebar Pub & Grill reserves the right to refuse a pick-up if you or your 

designee cannot produce valid identification establishing that you or your designee is 21 

years or older, if you or your designee are obviously intoxicated, or if the circumstances 

otherwise suggest allowing the beer to be picked up will violate any law. Handlebar Pub 

& Grill will not be responsible for any beer you are eligible to receive as a Club member 

that you do not pick up within the 60 day Membership period. You will not be 

obligated to make any purchase at The Handlebar Pub & Grill during such visit. 

Handlebar Pub & Grill takes responsible beverage service seriously and will refuse an 

upgrade or other promotional offer if providing such upgrade or other promotional offer 

would result in a violation of the law.

C.  PAYMENT AND CANCELLATION

1. Fees. The current fee to subscribe to the Club is $ 30.00 ( Thirty dollars ) for a 

  Period of 60 days. Handlebar Pub & Grill reserves the right to change the Club fees 

at any time as we may determine in our sole and absolute discretion, provided that we 

will notify you of any such change and it will apply on a prospective basis only.

2. Payment. Club fees will be due and payable on the day you sign up  Specifically, 

your payment for the 60 day Period in process when you sign up will be due in full

on the day you sign up.

and thereafter Club fees will be due after 60 days. There is a 14 day grace period to renew club membership.

3. Cancellation; Refund Policy. 

You may cancel your subscription to the Club at any time. Upon cancellation, you will

not be refunded the fee for the 60 day Period then in process. 

Your membership will automatically terminate at the end of each 60 day

period unless you reinstate Membership within 14 days of the expiration of the previous membership for the next period. 

Your Gift Subscription is not refundable or redeemable for cash or any other goods or

services and cannot be sold, transferred, exchanged or credited towards purchase of 

other products.

D Alcohol Related Terms.

1 Legal Drinking Age. You warrant that you will not subscribe to the Club if you are 

not eligible to purchase, receive, or consume alcohol. By subscribing to the Club, you 

warrant that you are at least 21 years of age, and that you are not otherwise prohibited 

from purchasing, receiving, or consuming alcohol beverages.

2.. Refusal To Sell Alcohol Beverages. Handlebar Pub & Grill reserves the right to 

refuse to sell or deliver alcohol beverages to any person in accordance with applicable 

laws.

3. Personal Use. You warrant that your purchase and receipt of alcohol beverages is 

for personal use and not for resale.

E Termination by BJ’s.

1 Termination of Your Club Membership. Handlebar Pub & Grill reserves the right to 

revoke or otherwise terminate your Club membership at any time, for any or no reason,

in our sole discretion.

2. Termination of the Club. Handlebar Pub & Grill also reserves the right, in our sole 

discretion, to suspend or terminate the Club at any time. In such event, we will refund 

you a prorated portion of any Club fees you previously paid that relate to any period 

following the effective date of such termination.

3 Survival. The provisions of these Terms which contemplate surviving, including the 

provisions concerning disclaimers, limitation of liability, governing law and dispute 

resolution, shall survive any termination hereof.

F Disclaimers and Limitations of Liability.

1 Disclaimers. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, 

THE CLUB IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT 

WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND 

Handlebar Pub & Grill DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, 

IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION 

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 

PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, TO THE FULLEST 

EXTENT PERMITTED UNDER APPLICABLE LAW, Handlebar Pub & Grill DOES NOT 

WARRANT THAT ANY APPLICATIONS THROUGH WHICH THE CLUB IS PROVIDED 

WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE 

CORRECTED, OR THAT ANY SUCH APPLICATIONS WILL BE FREE OF VIRUSES 

OR OTHER HARMFUL COMPONENTS. Applicable law may not allow the exclusion of 

implied warranties, so some or all of these disclaimers may not apply to you.

2. Limitations of Liability 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, Handlebar Pub 

& Grill , SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, 

SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR ANY LOST 

PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR 

SUBSCRIPTION TO THE CLUB OR ANY OTHER MATTER RELATED TO THE CLUB, 

EVEN IF HANDLEBAR PUB & GRILL  OR AN AUTHORIZED REPRESENTATIVE HAS 

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE 

DISSATISFIED WITH THE CLUB, YOUR SOLE AND EXCLUSIVE REMEDY IS TO 

TERMINATE YOUR MEMBERSHIP IN THE CLUB.

G Governing Law. 

Any dispute, claim, or cause of action arising from the 

Club and/or these Terms (“Dispute”) shall be governed by and construed in accordance 

with the laws of the State of Arizona, without giving effect or regard to any principles 

or doctrines of conflicts of law. These Terms will not limit any consumer protection rights 

that you may be entitled to under the mandatory laws of your state of residence. 

H Dispute Resolution; Class Action Waiver.

1. YOUR AGREEMENT TO ARBITRATE YOUR CLAIMS. YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF PARTICIPATING IN THE CLUB.

2 Informal Resolution. For any Dispute you have with Handlebar Pub & Grill regarding 

the Club and/or these Terms, you agree to first contact us and to attempt to resolve 

such Dispute with us informally.

3 Arbitration. In the unlikely event that we are unable to resolve any Dispute you bring 

to our attention after sixty (60) days, and for any other Dispute we raise, you and we 

agree that, except where prohibited by law, all Disputes shall be resolved individually 

and exclusively by final and binding.

4. No Class Actions or Class‑Wide Relief. You and Handlebar Pub & Grill agree to the 

following with respect to the arbitration of any Dispute hereunder: (i) ANY CLAIM MUST 

BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR 

CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE 

PROCEEDING;

(ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE 

PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A 

REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE 

RELIEF; 

(iii) the arbitration will be held at a location in your hometown area unless you and we 

both agree to another location or telephonic arbitration; 

(iv) you will pay any filing fee or other costs of arbitration only as required under the JAMS Rules or as otherwise specified by the arbitrator; 

(v) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration;

(vi) the arbitrator will honor claims of privilege and privacy recognized at law; 

(vii) the arbitration will be confidential, and neither you nor we may disclose the 

existence, content, or results of any arbitration, except as may be required by applicable 

law or for purposes of enforcement of the arbitration award; 

(viii) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and 

(ix) each party will pay its own attorneys’ fees and expenses, unless there is a statutory 

provision that requires the prevailing party to be paid its fees and litigation expenses 

and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, 

and, in such instance, the fees and costs awarded by the arbitrator will be determined 

by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN 

INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.

5. Survival.This Section I will survive termination of the Club or these Terms. With the 

exception of the subpart prohibiting arbitration on a class or collective basis, if any part 

of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or 

otherwise conflicts with the JAMS Rules, then the balance of this provision will remain in 

effect and will be construed in accordance with its terms as if the invalid, unenforceable, 

illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in 

court rather than in arbitration, the Dispute will be exclusively brought in federal court if 

it has jurisdiction or, if it does not, in a state court located in the federal judicial district of 

your residence

I Miscellaneous.

1 No Implied Waiver. Any failure of Handlebar Pub And Grill to exercise or enforce any rights or provisions 

of these Terms shall not constitute a waiver of such right or provision.

2. No Limitation on Remedies.Nothing in these Terms will limit Handlebar Pub & Grill from exercising 

any legal rights or remedies that we may have.

3. Severability. If any provision of these Terms is held to be invalid, illegal, or 

unenforceable, the validity, legality and enforceability of the remaining provisions shall 

remain in full force and effect.

4. Entire Agreement. These Terms constitute the sole terms of the agreement between 

you and Handlebar Pub and Grill regarding your subscription to the Club.

J Contact Us. If you have any questions about the Club, you may contact us at vendors@handlebarpubandgrill.com ; 480-982-2091

650 W Apache Trail, Apache Junction, AZ. 85120