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BEYOND JUICERY + EATERY REWARDS PROGRAM

BEYOND JUICERY + EATERY REWARDS PROGRAM

TERMS OF SERVICE

PLEASE READ THESE BEYOND JUICERY + EATERY (HEREINAFTER, “BEYOND JUICERY,” “WE,” “OUR,” OR “US”) TERMS OF SERVICE CAREFULLY. BY REGISTERING, ACCESSING, RECEIVING, REDEEMING, USING, OR OTHERWISE PARTICIPATING IN OUR REWARDS PROGRAM (THE “REWARDS PROGRAM”), YOU AGREE AND ARE HEREBY BOUND BY THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AND ANY ADDITIONAL TERMS AND CONDITIONS THAT MAY BE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE PROHIBITED FROM AND MUST NOT ACCESS, ENGAGE OR PARTICIPATE IN THE REWARDS PROGRAM. APPLICABILITY

These Terms of Service (the “Terms”) apply to your access to and participation in our Rewards
Program. These Terms do not alter the terms or conditions of any other agreement you may have
with us for other products or services or the terms or conditions of any other promotional offers
or programs conducted by us outside the context of the Rewards Program. Information collected
in connection with the Rewards Program is governed by our Privacy Policy. You authorize us to
collect and use certain information about you in connection with your participation in our
Rewards Program. You must read our privacy policy carefully to understand how we collect,
use, and disclose information about you and customers and how to update or change your
personal information and/or the ways we are authorized to communicate with you. Our Privacy
Policy is located at https://beyondjuiceryeatery.com/privacy-policy/.

ELIGIBILITY

The Rewards Program is open to legal residents of the fifty (50) United States of America and
Washington, D.C. who are 18 years of age or older. Rewards and points earned in connection
with the Rewards Program are intended and must only be used for personal use. Commercial use
is strictly prohibited. Rewards are not targeted toward, nor intended for use by, anyone under the
age of 18. If you are under the age of 18, you may participate in the Rewards Program only with
the permission and under the supervision of a parent or legal guardian who agreed to be bound
by these Terms. Participants must have a valid email address and mobile phone number to enroll.
The Rewards Program is only available at participating Beyond Juicery + Eatery locations.

HOW REWARDS WORK

By participating in the Rewards Program, you may accumulate “points” that entitle you to
certain benefits or rewards that may only be redeemed at participating Beyond Juicery + Eatery
locations. Redemption of a reward is at all times subject to participation and availability.
Rewards cannot be redeemed in combination with any other promotion, special offer, discount,
or coupon unless specifically allowed by the terms of a specific promotion. Your rewards
(“Beyond Rewards”) and points are personal to you and may not be sold, transferred or assigned

to, or shared with, family, friends or others, or used by you for any commercial purpose. You
may have only one (1) Beyond Rewards account that is personal to you. As described in more
detail below, points are earned with each qualifying purchase you make in relation to the amount
spent at participating locations.

HOW TO ENROLL

To enroll in the Rewards Program and begin accumulating points, you must create an account.
To create an account, you must sign up online at Order.BeyondJuiceryEatery.com or on the
Beyond Juicery + Eatery app. You will be required to provide your full name (first and last
name), a valid mobile telephone number and email address. Birthday (month, day and year) is
optional. You will be sent a verification code via SMS to the phone number provided to verify
your account. By clicking Sign Up on the sign up page, you agree to these Terms and our privacy
policy https://beyondjuiceryeatery.com/privacy-policy/ and give consent to receive text
messages, electronic mail, push notifications and other forms of communications from us as we
may determine from time to time. You may only have one account. Any additional accounts in
your name or otherwise controlled by you may be deactivated or terminated by us in our sole and
absolute discretion. In such event, any rewards tied to such account shall be automatically
forfeited.

ACCUMULATING POINTS

Point accumulation will begin with your first purchase following your enrollment and account
creation. You may accumulate points for any qualifying purchase made on and after the date you
enroll in the Rewards Program and create your account. To receive points for a qualifying
purchase, you must: place your order through the rewards app or online ordering while signed
into your account, or provide your phone number to the cashier if making an in-store purchase.
Rewards Program participants earn one (1) point for every one ($1.00) U.S. Dollar spent (not
including tax and gratuity, delivery or service charges, gift card purchases, or amount redeemed
using points) on qualifying purchases.
Periodically, we may offer the opportunity to earn Bonus Points or Exclusive Offers through the
Rewards Program. These promotional Bonus Points, if offered, will be awarded as described in
the applicable promotional offer and will be subject to these Terms and any additional terms set
forth in the promotional offer. We reserve the right to retroactively award points or remove
points not meeting these conditions or any other conditions we may require in the future in our
sole and absolute discretion. Points will not be awarded for: (i) purchases occurring prior to your
enrollment and account creation; or (ii) purchases made more than thirty (30) days prior to a
request made for a credit. In no event will points be awarded retroactively to any account without
presentation of a receipt and such other proof of purchase as we may require for more than (a)
two (2) purchases on a single transaction date; (b) two (2) purchases within one (1) calendar
week; or (c) four (4) purchases within one (1) calendar month.
To accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit
card, or with a valid gift card. Purchases using other currency or promotional offers will accrue
points only for the amounts, if any, paid in cash. Qualifying purchases must total at least one

($1.00) U.S. Dollar (excluding sales tax and are subject to the other exclusions as set forth in
these Terms). Except as otherwise provided herein, there is no limit to the number of qualifying
purchases per day. All menu items purchased in a single transaction count as one qualifying
purchase.
Some exclusions apply. Taxes, tips, donations, discounts, coupons, returns, redeemed rewards,
and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees, and
any other fees, are excluded from the total amount of the purchase when computing points
accumulated for a qualifying purchase. If you void, cancel, reject, or later return any item from a
qualifying purchase, we reserve the right to deduct the points associated with that purchase from
your account.

REWARDS

Once a Rewards Program participant accumulates the number of points needed for a Reward, the
participant can redeem their points in the Rewards section of their account. Rewards are locked,
until the customers hit the right number of points. Once the reward is selected, the corresponding
Reward will be automatically added at checkout. Some Rewards will be added immediately,
while others will be added within a reasonable time.
Once your points have been redeemed, they are gone and there are no refunds, returns or
exchanges for additional points, cash, or other goods and services, even if you return the item(s)
or cancel the order that your points were redeemed toward. Except as otherwise provided in these
Terms or in such additional terms as we may communicate in connection with a particular offer
or reward, rewards expire if not used within 12 months after the calendar month in which the
points were earned. Redemption of rewards are at all times subject to availability at the time of
redemption and may only be redeemed at participating locations.
Rewards may be changed, updated, or altered at any time in our sole and absolute discretion and
without your consent or notice to you. We may also discontinue any reward in our sole and
absolute discretion without your consent or notice. Rewards may also be subject to such
additional terms, conditions, restrictions and limitations as we may determine from time to time
in our sole discretion. We have the right to change, alter, modify, or discontinue the Rewards
Program and these Terms at any time without your consent and without liability to you.

TRACKING YOUR ACCOUNT

Rewards Program participants can view their points by logging into their account on the app or
online and clicking on the “REWARDS” icon. We reserve the right to change the number of
points required to earn rewards and/or the benefits associated with one or more rewards in our
sole discretion at any time and without your consent.
In addition to the above, points expire and we reserve the right to deactivate and terminate your
account after 12 months of account inactivity (i.e., no qualifying purchases), unless sooner
terminated as a result of an account being deactivated by you or by us as provided herein.

SPECIAL OFFERS

We may from time to time in our sole discretion make available or offer an opportunity to earn
additional points, and/or other special offers, bonuses or other promotions. The terms,
conditions, and benefits applicable to any such special offers, bonuses, or promotions will be
determined by us in our sole discretion and communicated in conjunction with any such offers.
Because any terms and conditions associated with any special offers, bonuses, or other
promotions may be different from or in addition to the provisions of these Terms, you must read
and agree to the terms and conditions of any such special offer, bonus, or other promotion before
participating in the same. Nothing contained in these Terms shall be construed as obligating us to
offer any special offers, bonuses, or other promotions.

LIMITATIONS, RESTRICTIONS, AND OTHER TERMS

Any digital or other identifier associated with your account and any accumulated points are
personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or
others, or used by you for any commercial purpose.
Any determination we make regarding participation, eligibility, or any other question, issue, or
disputes arising under or related to the Rewards Program, these Terms, or any other terms,
conditions, rules or restrictions are final and binding and are not subject to challenge or appeal.
Other than as set forth in the Dispute Resolution section of these Terms, nothing in these Terms
will limit us from exercising any legal or equitable rights or remedies that we may have.
Without notice to you, we reserve the right to suspend, restrict access to, and/or terminate your
account and/or your participation in the Rewards Program for any reason in our sole and absolute
discretion, including without limitation, if we determine that you have violated these Terms, you
have more than one account, that you have abused the Rewards Program, or that the use of your
account is unauthorized, deceptive, fraudulent, unlawful, or subverts the purposes of the Rewards
Program. We also reserve the right, in our sole discretion, to suspend, cancel or combine
accounts that appear to be duplicative. In the event that your participation in the Rewards
Program is terminated, then all accumulated points and rewards earned by you or otherwise in
your account are void and forfeited.
We do not charge any fees for you to participate in the Rewards Program, although use of online
services in conjunction with participation in the Rewards Program may result in data charges,
internet access fees, or similar costs and expenses. Points, rewards, account status and other
benefits accumulated under the Rewards Program have no cash value and may not be redeemed
for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to
engage in any gambling activity. Any points or rewards used or obtained in this manner may be
confiscated or canceled.
There may be a limited number of particular rewards available. In such an event, those rewards
will be delivered on a first-come, first-served basis. You agree that you are strictly prohibited
from relying on the continued availability of a particular reward. The number of points required
to redeem any reward may also be substantially increased, restricted, or withdrawn by us or any

third party supplying the reward. We reserve the right, but are not obligated, to substitute
rewards of comparable or greater value if any redeemed reward becomes unavailable for any
reason. Rewards pictured in point-of-sale, online, television and print advertising, promotional
packaging, or other materials are for illustrative purposes only. The actual reward may vary from
the reward pictured.
We are not responsible and have no liability to you for any failure, problems, or technical or
other malfunction of any telephone network or lines, computer system, mobile device, online
system, internet connectivity, server, provider, computer equipment, software, e-mail, traffic
congestion on the Internet or at any website, or any combination thereof, including, without
limitation, any resulting error in computing points, a qualifying purchase, any unavailability of a
reward, or any injury or damage to you or any other participant or any other person's computer or
mobile device. If, for any reason, the Rewards Program is not capable of running as intended,
including due to errors of any kind or nature, infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures, or any other causes beyond our control,
including without limitation, those which corrupt or affect the administration, security, fairness,
integrity or proper conduct of the Rewards Program, we reserve the right in our sole discretion to
cancel, terminate, modify, or suspend the Rewards Program or otherwise respond to the
circumstances as we deem appropriate.

CHANGES TO OUR REWARDS

As stated throughout these Terms, we reserve the right to change, update and/or discontinue, in
whole or in part, the Rewards Program or any portion of the Program, all or any portion of these
Terms, and/or any policy, guidelines, or disclosures pertaining thereto, at any time in our sole
discretion and without your consent or notice to you. Unless otherwise specified, any changes or
modifications will be effective immediately upon posting the revisions to these Terms, and you
waive any right you may have to receive specific notice of such changes or modifications. If we
change or modify these Terms, we will revise the “last updated” date located at the bottom of
these Terms. If you continue to participate in the Rewards Program by earning points, redeeming
points, logging into your account, or otherwise participating in the Rewards Program in any way
after a change to these Terms, you will be deemed to have read, understood and unconditionally
consented and agreed to such changes.
If we decide in our sole discretion to discontinue the Rewards Program, participants will have
thirty (30) days or an amount of time deemed reasonable by us in our sole discretion from the
date the termination is announced to use and redeem all remaining points and rewards. Use of
such points and rewards will be on a first come, first serve basis and are otherwise subject to
availability. We make no representation or warranty about the number or type of rewards that
may be available at any time, including after termination has been announced, and many rewards
that may have been available prior to termination will quickly become depleted or otherwise
unavailable once such announcement is made. Any points or rewards remaining in your account
at the time of termination will be forfeited without liability to us and no compensation will be
provided.

DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION

WAIVER

You agree that any claim, controversy or dispute you may have at law or in equity against us,
arising in whole or in part out of or relating in any way to the Rewards Program, points or any
reward, these Terms, or the scope or applicability of this agreement to arbitrate (each, a
“Dispute”) will be resolved in accordance with the provisions set forth in this section. You must
read this section carefully. It affects your rights and will have a substantial impact on how
Disputes are resolved. You agree that whenever you have a Dispute, you will send a written
notice to us (“Demand”). You agree that the requirements of this paragraph will apply even to
Disputes that may have arisen before you accepted these Terms. You must send the Demand to
the following address (the “Notice Address”): 25165 Dequindre Rd, Madison Heights, MI. You
agree that you will not take any legal action, including filing a lawsuit or demanding arbitration,
until thirty (30) business days after you send a Demand. If the disagreement stated in the
Demand is not resolved within such time period, the Dispute (1) will be resolved exclusively by
final and binding arbitration administered by the American Arbitration Association (the
“Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-
Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended)
and as modified by the agreement to arbitrate in this paragraph; (2) this arbitration agreement is
made pursuant to a transaction involving interstate commerce, and shall be governed by the
Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in the place
of our principle place of business at the time the arbitration is filed; (4) the Arbitrator’s decision
shall be controlled by these Terms and any of the other agreements referenced herein that you
may have agreed or entered into; (5) the Arbitrator shall apply Michigan state law, without
regard to its choice of law or conflict of law rules or principles that would result in applying the
law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and
shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to
be arbitrated on a class or representative basis; the arbitration can decide only your individual
claims; the Arbitrator may not consolidate or join the claims of other persons or parties who may
be similarly situated; (7) the Arbitrator shall not have the power to award punitive damages
against us or any of our franchisees or affiliates; and (8) with the exception of subpart (6) above,
if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or
otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall
remain in effect and shall be construed in accordance with its terms as if the invalid,
unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6)
is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision
shall be null and void, and neither you nor we shall be required to arbitrate their dispute. If, for
any reason, the American Arbitration Association is unable or unwilling to conduct the
arbitration, you may file your case with any national arbitration company that will honor the
requirements set forth above.

INDEMNIFICATION

You agree to release, defend, indemnify, and hold Beyond Juicery and each of its owners,
investors, members, officers, directors, managers, affiliates, parents, franchisees, contractors,
representatives, agents, employees, successors, and assigns (the “Indemnified Parties”) harmless

from and against any claims, alleged claims, demands, causes of action, judgments, damages,
losses, liabilities, and all costs or expenses of defense, including, without limitation, actual
attorney’s fees, arising out of or in connection with: (a) your breach of these Terms including
any supplemental or additional terms, (b) your access or use of the Rewards Program, including
any and all features, functionality, tools, content, promotions, and services made available to
you, (c) your use or access to the Rewards Program or Beyond Juicery mobile application, (d)
any unauthorized access or use of your account or your violation of any law or the rights of any
third party, (e) information posted or transmitted through your computer or membership account,
even if not submitted by you, (f) any misrepresentation made by you, or (g) your breach of any
other laws or regulations. The Indemnified Parties each reserve the right to assume, at your
expense, the exclusive defense and control of any matter subject to indemnification by you. You
agree to cooperate with the defense of any claim as fully and reasonably required by such
defense. The Indemnified Parties also each reserve the right, at their own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you and you
shall not in any event settle any such matter without the written consent of the Indemnified Party.

LIMITATIONS ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE REWARDS PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU PROVE THAT WE HAVE BREACHED
THESE TERMS OR ANY OTHER TERMS APPLICABLE TO THE REWARDS PROGRAM,
THEN YOUR SOLE AND EXCLUSIVE REMEDY UNDER SUCH CIRCUMSTANCES
WILL BE TO RECEIVE REWARD POINTS. YOU IRREVOCABLY WAIVE ANY RIGHT
TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
BY PARTICIPATING IN THE REWARDS PROGRAM, YOU AGREE THAT ANY LEGAL,
EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN
PART OUT OF OR OTHERWISE RELATED TO THE REWARDS PROGRAM OR THESE
TERMS MUST BE SERVED AND FILED WITHIN ONE (1) YEAR AFTER THE FIRST
OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE
CLAIM OR ACTION IS BASED. YOU ACKNOWLEDGE AND AGREE THAT THIS ONE
(1) YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND
MAY BE SHORTER THAN THE APPLICABLE STATUTE OF LIMITATIONS THAT
WOULD OTHERWISE APPLY.  AFTER SUCH ONE (1) YEAR PERIOD, THE AFFECTED
CLAIM OR CAUSE OF ACTION WILL BE DEEMED WAIVED AND RELEASED, AND
THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM
OR ACTION IS BASED SHALL NOT BE ACTIONABLE.
Last Updated: June ___, 2022.

WHY DID WE CHANGE UP THE PROGRAM?

In an effort to improve our loyalty program and increase customer engagement, we are
modifying our existing loyalty program to be a points-based rewards program: Beyond
Rewards. Customers will now receive one point for every dollar spent. Points can be
accumulated to earn free products! There will also be bonus points days and bonus points
products, to help customers earn rewards quicker. Beyond Rewards, points can be earned
when making qualifying purchases at our stores, online, or on our app. Customers can also
now easily monitor and track points to help encourage additional purchases to reach the next
rewards level.

Does the guest need to update their app?

No, the switch to the new rewards program will not require the guests to update their Beyond Juicery + Eatery app.

What are Bonus Points, and how do I earn them?

You can earn bonus points on double-point days and bonus products. Bonus points will count for two times your total (not including tax or gratuity). We will advertise when these days happen, so be sure to keep an eye out for deals and promotions in the app, on social media, or via email.

Do my points expire?

Yes. Points expire after 12 months after sign up.

My phone number or email address has changed since I downloaded the app. How can I update this information?

Please send your updated contact information and existing Rewards Program information to Support@BeyondJuiceryEatery.com. Include your full name, current email address, phone number, and new contact information.

If I am a current Rewards Member and during my last visit(s) my rewards were not applied to my account. Can I still get the points for my past purchases?

Yes. Please send your order information and a copy of your receipt to
Support@BeyondJuiceryEatery.com. Include your full name, current email address, and phone
number which is used for your rewards account. Any purchase prior to you joining the rewards
program cannot be retroactively added to your account.

Can I transfer my points to a different person’s account if I don’t plan on using them before they expire?

Points cannot be transferred.

Can I get Beyond Rewards points for third-party orders?

No. Points can only be earned when purchased in-store or by using the Beyond Juicery + Eatery app or via online ordering.

Do I have to download the app to join Beyond Rewards?

To participate in the Rewards Program, you must register. You can register through our app or online at BeyondJuiceryEatery.com.

I have an existing free smoothie reward I haven’t yet redeemed, will I lose this reward?

You will not lose your existing rewards if used within the expiration date and time

What will happen to my existing reward progress?

You will not lose this progress. Any earned progress towards the previous rewards will be changed to points in the new system. One dollar is equivalent to one point.

Will I lose any of my existing earned rewards dollars?

You will not lose any existing rewards dollars. If you currently have any credits in your rewards account, they will remain and can still be redeemed.

Is there a sign-up gift?

Yes. For new members, you will receive one free smoothie, to be redeemed within 12 weeks, after your first purchase using your Rewards account.

Can I earn points at any Beyond Juciery + Eatery locations?

Yes. Points are eligible to be earned and redeemed at all locations.