Effective Date: 07/01/2025

Welcome to The Stand Rewards! These Rewards Program Terms (the “Terms”) govern your access to and participation in The Stand’s loyalty rewards program (the “Program”), a promotional program operated by The Stand, LLC (“The Stand,” “we,” “our,” or “us”). These Terms supplement and incorporate our Privacy Policy and Terms of Use available at www.thestand.com/privacy.

 By enrolling in the Program or using the benefits of the Program, you agree to these Terms. If you do not agree, please do not enroll or participate in the Program.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and The Stand have against each other are resolved (see Dispute Resolution, Governing Law, and ArbitrationSection below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.

1. Program Overview

The Stand Rewards Program is our way of showing appreciation to loyal guests. Members can earn points for eligible purchases, redeem points for rewards, and receive special perks including birthday surprises and exclusive offers. Rewards may include free food items, discounts, or other promotional items determined at our sole discretion.

2. Eligibility and Enrollment

To join the Program, you must:
- Be at least 18 years of age;
- Be a legal U.S. resident;
- Register with a valid email and phone number through The Stand App or www.thestand.com;
- Agree to these Terms and our Privacy Policy.

 Each Program account is limited to one person. Households may use the same phone number or email when checking in, but points and rewards will accumulate under one account.

3. Earning Points

You earn 1 point for every $1 spent on eligible menu-item purchases, excluding tax, fees, gift card purchases, third-party delivery orders (e.g., Uber Eats, DoorDash), and tips.

To earn points:
- In-store: Scan your app at checkout or provide your registered phone number.
- Online/App Orders: Be logged into your account at checkout.
- Catering: Orders placed through The Stand’s catering site or team earn points.

 Points usually appear in your account within 48 hours of your purchase.

4. Missed Transactions

If you forgot to scan your app or enter your phone number, you may submit your receipt within 30 days of the purchase date.
- Email: appsupport@thestand.com
- Subject line: Use the Invoice ID # from your receipt.
- Include a clear photo of the full receipt.

 Missed transaction credits are limited to the past 30 days and must be for in-store purchases only. No retroactive credit will be granted without valid receipt proof.

5. Reward Redemption

You can redeem points for available rewards shown in The Stand App or online.
- Rewards are subject to availability and may change.
- Available rewards appear in the “Rewards” tab. Claimed rewards or special offers appear in the “Offers” tab.
- Redeem in-store by scanning your app and informing the cashier, or apply rewards during the online checkout process.
You are responsible for any applicable sales or similar taxes that may be due when redeeming a reward to claim a menu item.

 Points used for redemption cannot be refunded, exchanged, or transferred.

A reward in the form of a dollar-value credit toward a purchase of menu items at a participating The Stand location must be used in a single transaction.  Such rewards cannot be used for orders via third-party delivery services (DoorDash, UberEats, etc.).   If the reward/credit amount is greater than the total order amount, the excess will be forfeited.  If the reward/credit amount is less than the total order amount, you must pay the balance.   For sales tax purposes, the reward/credit amount will be applied pro rata to all items in the order.

6. Expiration Policy

- Points expire if your account remains inactive for 6 consecutive months (180 days) – that is if you make no purchases or reward claims/redemptions using your account for that period.
- Rewards expire 60 days from the date you use your points to put the reward into your account.
 - Bonus offers and special perks may have different expiration periods noted in your account.

7. Program Limitations

- Points and rewards cannot be redeemed for cash.
- They are non-transferable, non-exchangeable, and may not be sold or bartered.
- The Program may not be available at all locations or for all products. Any limitations will be disclosed at the affected location(s) or on the menu for the affected item(s), as applicable.
 - Some rewards may not be combinable with other promotions or discounts; any such restriction will be disclosed where the reward is listed in the Stand App or website where you choose the reward.

8. Account Management

You’re responsible for maintaining the accuracy and security of your account. The Stand is not responsible for unauthorized use, lost or stolen rewards, or undeliverable emails.

 You may opt out of marketing emails and still remain enrolled in the Program, though you may miss important Program updates and perks.

9. Changes and Termination

The Stand reserves the right to modify, suspend, or terminate the Program at any time. Changes to the Program may impact point values, reward availability, or eligibility.

 If the Program ends, any unused points or rewards will be forfeited.

10.  Abuse and Account Cancellation

The Stand reserves the right to cancel your account at any time if you engage in abuse or violate these Terms.  Without limiting the foregoing, any attempt to sell points or rewards is grounds for cancellation.  Cancellation results in loss of all accrued points and/or rewards.  

11. Contact Us

For help with The Stand Rewards or to inquire about your account:
- Visit: www.thestand.com
- Email: appsupport@thestand.com
 - Catering inquiries: catering@thestand.com

12. Release, Disclaimer and Limitation of Liability

OUR PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE STAND MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THOSE ARISING OUT OF ANY COURSE OF DEALING, USAGE, OR TRADE, THAT THE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED OR ALWAYS ACCESSIBLE, THAT ANY INFORMATION YOU SUBMIT, INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION, WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE STAND OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE STAND SHALL NOT BE LIABLE FOR UNAUTHORIZED USE, ALTERATION, THEFT OR DESTRUCTION OF A REWARDS CREDIT DUE TO ACCIDENT, MISUSE OR FRAUDULENT MEANS BY YOU OR A THIRD PARTY OR AS A RESULT OF CIRCUMSTANCES BEYOND OUR CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE STAND OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE LAST REWARDS CREDIT BALANCE HELD IN YOUR MEMBERSHIP OR OTHERWISE THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. For residents of New Jersey, nothing herein limits the ability to recover damages or attorneys’ fees where mandated by statute.

 

13. Dispute Resolution, Governing Law, and Arbitration

In the event there are any issues, these Terms will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles.

13.1 YOU AND THE STAND ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT (OTHER THAN SMALL CLAIMS COURT) OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION OR SMALL CLAIMS COURT. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF EQUIPMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION (OR IN SMALL CLAIMS COURT).

13.2 Informal Dispute Resolution Procedure. We are available at SUPPORT@THESTAND.COM info@lesmillsequipment.com to address any concerns you may have regarding these Terms or the Rewards program.  Most concerns may be quickly resolved in this manner. You and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating an arbitration or small claims court suit. If you or The Stand intends to seek arbitration or file a small claims court suit, the party seeking arbitration or small claims court must first notify the other party of the dispute in writing at least 45 days in advance of initiating the arbitration or small claims court suit (the “Notice Period”). Notice to The Stand should be sent to:

The Stand

Address: 

The notice must include enough information to allow the receiving party to assess and attempt to resolve the dispute, including but not limited to, (i) the name, address, telephone number, and email address of the party seeking arbitration or small claims court, (ii) the nature of the dispute at issue, (iii) a description of the claim, (iv) the facts supporting the claim, (v) the damages claimed to have been suffered, and (vi) the relief being sought (the “Dispute Notice”). The Notice Period is designed to allow you or The Stand to make a fair, fact-based offer of settlement if either chooses to do so. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing arbitration or a small claims court suit. The statute of limitations shall be tolled while the parties engage in the informal dispute resolution process required by this Section 13.2.

13.3 Agreement to Binding Arbitration, Except for Small Claims Court. If the parties do not reach an agreed upon solution within a period of forty-five (45) days from the time a Dispute Notice is sent pursuant to Section 13.2 above, then either party may initiate binding arbitration (or bring an action in small claims court pursuant to Section 13.4 below). All claims arising out of or relating to these Terms (including their formation, performance and breach), the Rewards program, and/or the parties’ relationship with each other shall be finally settled by binding arbitration administered by the AAA, in accordance with the AAA Consumer Arbitration Rules (“Consumer Rules”), excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA Consumer Rules. Except as stated to the contrary in Sections 13.4 or 13.6 below, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or scope of these Purchase Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.

The AAA Consumer Rules governing the arbitration may be accessed at www.adr.org. In an arbitration, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees (collectively, “AAA-related fees”), or $200.00 of such fees, whichever is less, and The Stand shall pay the remainder of such fees. If the law allows for an award of attorney’s fees, expert witness fees, or costs incurred by you should you prevail in arbitration, an arbitrator may award them too. You will not be required to pay any fees or costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award The Stand its attorney’s fees, expert witness fees, AAA-related fees and/or costs.

Each side may, but is not obligated to, make a written settlement offer, inclusive of damages and attorney’s fees itemized separately, at any time prior to 30 days before an arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an interim award on the claim. If the party receiving the offer doesn’t accept it, and the arbitrator awards the receiving party an amount of damages that is less than or substantially the same as the amount of damages offered, then the arbitrator shall limit any recoverable attorney’s fees to the amount incurred at the time of the offer, so long as the attorney’s fees tendered in the offer are substantially the same as the fees incurred as of the offer date.

The parties understand that, absent these mandatory provisions, they would have the right to sue in court (other than small claims court) and have a jury trial. They further understand that the right to discovery may be more limited in arbitration or small claims court; and review of an arbitration award (or small claims court judgment) also may be limited.

13.4 Small Claims Court Remains Available. Notwithstanding anything in these Terms to the contrary, for disputes within the jurisdictional limit of the small claims court in the county encompassing the dispute, either you or The Stand can choose to bring an individual action in small claims court instead of proceeding in arbitration; furthermore, if the claims in any request or demand for arbitration could have been brought in small claims court, then either you or The Stand may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party and AAA of that choice in writing. You and we agree that, after receiving notice from you or us that the claims shall be decided by a small claims court rather than in arbitration, AAA shall administratively close the case. Any disagreements regarding the jurisdiction of the small claims court or the interpretation or application of the provisions of this Section 13.4 specifically shall be decided by a court rather than an arbitrator; pending resolution of any such disagreements by a court, you and The Stand agree that the arbitration shall be stayed. If the provisions in this Section 13.4 are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.

13.5 Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration or small claims court, either party may seek relief in a court of law (other than small claims court) for a claim arising under California’s Private Attorneys General Act.

13.6 Class Action and Class Arbitration Waiver. You and The Stand acknowledge and agree that you and The Stand are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. Further, unless both you and The Stand otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any class, collective, consolidated or representative proceeding. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this Section 13.6, then you and The Stand agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of Section 13 of the Contract cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies. Notwithstanding anything in these Purchase Terms to the contrary, all disputes related to the enforceability and applicability of this Class Action and Class Arbitration Waiver and the provisions of this Section 13.6 specifically shall be resolved by a court and not an arbitrator.

13.7 Exception – Mass Arbitration. Notwithstanding anything in these Terms to the contrary, if The Stand receives 30 or more Dispute Notices related to the same or similar subject matter and sharing common issues of law or fact, and counsel for the individuals submitting the Dispute Notices are the same or coordinated, then if the disputes proceed in arbitration, they shall proceed in a coordinated manner, as follows: (a) counsel for the claimants and counsel for The Stand shall each select five (5) cases to proceed in arbitration on an individual basis in a series of “bellwether” proceedings; (b) the remaining cases shall be stayed and/or held in abeyance until the first ten (10) have been fully and finally resolved; (c) if the parties are unable to resolve the remaining cases after the conclusion of the initial ten (10) “bellwether” proceedings, then each side may select another five (5) cases (or such fewer number as remain unresolved) to proceed in arbitration on an individual basis, with the remaining cases, if any, stayed and/or held in abeyance; and (d) this process shall continue until the parties are able to resolve all of the claims. If the provisions of this Section 13.7 are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.

13.8 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email: info@lesmillsequipment.com. The notice must be sent within thirty (30) days of placing an order for Equipment, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 13. If you opt-out of these arbitration provisions, we also will not be bound by them.

13.8 Exclusive Venue for Litigation. In the event that the arbitration provisions set forth in Section 13 are determined not to apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

13.9  Time Period for Claims.  Any cause of action or claim either party may have against the other relating to these Terms or the Rewards program must be commenced within one (1) year after the claim or cause of action arises.