FUN'D RESERVE PROGRAM
TERMS & CONDITIONS
The FUN'D RESERVE Terms & Conditions together with the FUN’D RESERVE Official Rules, govern and apply to all individuals who voluntarily elect to enroll and participate in the FUN’D RESERVE Program.
FUN’D RESERVE is a voluntary membership based participation program operated by FUN’D INC. The Program is intended solely as a customer participation and engagement ecosystem and does not constitute an offer to sell, solicitation to buy, or offering of any securities, investment contracts, partnership interests, equity interests, or financial instruments under applicable securities laws. Participation in the Program does not provide Members with any ownership, voting, shareholder, partnership, or legal interest in FUN’D INC. or in any entertainment related project, venture, or operation.
These Terms & Conditions (the “Terms”) govern participation in FUN’D RESERVE (the “Program”), a voluntary membership based participation program operated by FUN’D INC. (“FUN’D,” the “Company,” “we,”
“us,” or “our”). By enrolling in, accessing, participating in, or otherwise
using the Program, you (“Member,” “participant,” or “you”) acknowledge that you have read, understood, and agreed to be legally bound by these Terms.
The Program is intended to provide eligible Members with the opportunity to participate in a membership based entertainment ecosystem associated with FUN’D’s live entertainment operations, concert related activities, nightlife activations, hospitality experiences, and other entertainment ventures selected by FUN’D.
PROGRAM PURPOSE
FUN’D RESERVE is designed as a participation based membership ecosystem whereby a designated portion of qualifying purchases made
through approved FUN’D channels may be internally allocated by FUN’D toward the FUN’D RESERVE Pool (the “Pool”). The Pool may be used by FUN’D, in its sole and absolute discretion, in connection with concerts, live entertainment productions, nightlife events, artist activations, festivals, touring opportunities, hospitality experiences, venue related projects, and other entertainment related
ventures selected by FUN’D.
The Program is intended solely as a customer participation and engagement ecosystem and does not constitute, and shall not be interpreted as constituting, an offer to sell, solicitation to buy, or offering of securities, investment contracts, partnership interests, equity interests, ownership interests, or financial instruments of any kind under applicable securities laws.
NO OWNERSHIP INTEREST
Participation in the Program does not provide Members with any ownership interest in FUN’D or in any entertainment related project, activation, venture, concert, or event. Members shall not receive shareholder rights, voting rights, partnership rights, management authority, operational control, or any legal or equitable ownership rights whatsoever.
All Pool related activities, operational decisions, deployment decisions, project selections, participation calculations, and financial determinations shall remain under the sole and absolute control of FUN’D.
VOLUNTARY ENROLLMENT
Participation in FUN’D RESERVE is entirely voluntary and requires separate enrollment by the Member. Enrollment in the Program is not automatic upon making a purchase through FUN’D platforms.
By electing to enroll in the Program, the Member expressly acknowledges and agrees that participation is optional and that no additional purchases are required in order to maintain participation status unless otherwise specified by FUN’D.
Members may opt out of the Program at any time by contacting FUN’D or by following any opt-out procedures established by FUN’D. However,
opting out of the Program shall not entitle the Member to:
- any refund;
- reimbursement;
- store credit;
- reduction in purchase price;
- retroactive discount;
- cash value;
- withdrawal rights; or
- access to any amounts previously allocated by FUN’D toward Participation Balances.
All qualifying purchases remain final subject to FUN’D’s applicable refund and return policies.
ELIGIBILITY
Participation in the Program is available only to individuals who are legal residents of jurisdictions in which participation is permitted by law, are at least eighteen (18) years of age or the legal age of majority in their jurisdiction of residence, and have completed all enrollment and verification procedures required by FUN’D.
FUN’D reserves the right to refuse, suspend, revoke, terminate, or restrict participation eligibility at any time and for any reason in its sole discretion.
ACCOUNT SECURITY AND TRANSFERABILITY
Participation in FUN’D RESERVE is personal to the enrolled Member. Participation Balances, membership rights, account access, participation status, and any associated Program benefits may not be sold, assigned, pledged, transferred, shared, sublicensed, conveyed, or otherwise used by any third party without the prior written consent of FUN’D.
Members are solely responsible for maintaining the confidentiality and security of their account credentials and account access.
FUN’D reserves the right to suspend, restrict, terminate, revoke, or permanently close any account if FUN’D determines, in its sole discretion, that:
- an account is being accessed or used by another individual;
- account credentials have been shared;
- unauthorized transfers have occurred;
- participation rights are being sold or transferred;
- fraudulent activity is suspected; or
- the Member has violated these Terms or acted inconsistently with the intent of the Program.
FUN’D further reserves the right to void Participation Balances, Participation Performance amounts, or any associated Program benefits in connection with any prohibited activity.
PARTICIPATION ALLOCATIONS
FUN’D may internally allocate a designated portion of qualifying purchases toward a Member’s participation balance (“Participation
Balance”). Participation allocation amounts shall be determined solely by FUN’D and may vary depending upon merchandise category, pricing structure, promotional campaigns, membership status, event periods, special activations, or other factors determined by FUN’D.
Participation allocations are bookkeeping entries only and do not represent deposits, escrowed funds, segregated accounts, trust accounts, bank accounts, or cash balances held on behalf of Members.
FUN’D reserves the right to modify, suspend, increase, reduce, or discontinue participation allocation structures at any time and without prior notice.
PARTICIPATION PERFORMANCE
From time to time, FUN’D may allocate participation based performance amounts (“Participation Performance”) to eligible Members based upon overall Pool performance and internal calculations established solely by FUN’D.
All Participation Performance determinations, calculations, methodologies, allocations, and reporting shall be made exclusively by FUN’D and shall be final and binding.
Participation Performance is not guaranteed and may fluctuate based upon numerous factors including entertainment project performance, operating expenses, market conditions, artist availability, event profitability, cancellations, economic conditions, force majeure events, and other variables determined by FUN’D.
Members expressly acknowledge that Participation Performance may be zero and that Participation Balances may not increase in value.
Nothing contained within these Terms shall constitute a guarantee, promise, or representation of future returns, profitability, appreciation, or financial gain.
RETURNS, REFUNDS, AND PURCHASES
All product returns, refunds, exchanges, cancellations, and related determinations shall be governed exclusively by FUN’D’s applicable store policies and shall remain subject to FUN’D’s sole discretion.
Participation in FUN’D RESERVE does not alter, reduce, modify, or affect the purchase price of any merchandise, product, service, or experience purchased through FUN’D platforms.
Participation allocations made internally by FUN’D do not represent a discount, rebate, cashback program, savings account, or refundable customer balance.
POOL OPERATIONS
The Pool may be used by FUN’D in connection with concerts, festivals, nightlife activations, hospitality events, artist related experiences, touring opportunities, entertainment productions, promotional entertainment campaigns, venue operations, and other entertainment related projects selected by FUN’D.
FUN’D retains sole authority regarding Pool deployment, project selection, allocation amounts, operational management, financial decisions, event structures, timing of deployments, participation calculations, and overall administration of the Program.
Members shall have no authority or control over the operation or management of the Pool.
MEMBER REPORTING
FUN’D may provide Members with dashboard access, participation summaries, participation statements, performance updates, account reporting, or informational updates. Such reporting may include Participation Balances, participation allocation history, estimated Participation Performance, entertainment project exposure summaries, participation activity, and other informational data determined by FUN’D.
All reporting provided by FUN’D is for informational purposes only and shall not constitute audited financial statements, securities disclosures, investment reports, guarantees, or legally binding financial representations.
FUN’D reserves the right to modify reporting methods, reporting frequency, dashboard functionality, or reporting content at any time and without prior notice.
NO GUARANTEED RETURNS
Participation in the Program involves substantial risk. Entertainment related ventures are speculative in nature and may result in losses, underperformance, event cancellations, delays, or reduced revenues.
Members acknowledge and agree that:
- projects may fail to generate anticipated revenues;
- Participation Performance may fluctuate;
- Participation Balances may not increase in value; and
- FUN’D makes no guarantee regarding financial outcomes.
Past performance shall not be interpreted as indicative of future results.
MODIFICATION OR TERMINATION OF PROGRAM
FUN’D reserves the right, in its sole discretion, to modify, suspend, terminate, replace, restructure, or discontinue the Program, the Pool, the Participation Performance structure, or any aspect of the Program at any time and without prior notice.
In the event of Program termination, FUN’D may determine the treatment of Participation Balances and any remaining Program related obligations in its sole discretion.
LIMITATION OF LIABILITY
By participating in the Program, Members agree to release and hold harmless FUN’D, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, representatives, successors, and assigns from any and all claims, liabilities, damages, losses, costs, or expenses arising out of or relating to participation in the Program.
Participation in the Program is undertaken entirely at the Member’s own risk.
NO FIDUCIARY RELATIONSHIP
Nothing contained in these Terms shall be interpreted to create any partnership, fiduciary relationship, agency relationship, employment relationship, joint venture, or legal association between FUN’D and any Member.
Members participate solely as independent participants in the Program.
GOVERNING LAW
These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.
Any disputes arising out of or relating to the Program shall be resolved exclusively in a forum designated by FUN’D.
SEVERABILITY
If any provision of these Terms is deemed invalid or unenforceable, all remaining provisions shall remain in full force and effect.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between FUN’D and each Member regarding participation in FUN’D RESERVE and supersede all
prior discussions, understandings, representations, or agreements relating thereto.
By enrolling, opting in and participating in FUN’D RESERVE, the Member acknowledges that they have read, understood, and agreed to these Terms & Conditions in their entirety.