5 SEVENTEEN CIGARS
PRIVATE MEMBERSHIP AGREEMENT, POLICIES & CONDITIONS
By applying for, purchasing, accepting, or renewing a membership with 5 Seventeen Cigars (“5 Seventeen,” “Club,” or “Management”), the undersigned member (“Member”) agrees to the following terms and conditions.
1. MEMBERSHIP FEES & PAYMENT
Membership fees are based upon the membership level selected by the Member and are due in full unless Management has approved other payment arrangements in writing.
Payment of a membership fee provides only the privileges specifically associated with the selected membership level. Membership does not create an ownership, partnership, employment, tenancy, leasehold, or other property interest in 5 Seventeen Cigars, its premises, lockers, facilities, or business.
Except as expressly stated in this Agreement or required by applicable law, membership fees are non-refundable and non-transferable.
2. MEMBERSHIP TERM, RENEWAL & EXPIRATION
Unless otherwise stated in writing, membership is valid for twelve (12) months from the effective date of membership.
Membership privileges automatically expire at the conclusion of the membership term unless renewed. Renewal is subject to availability, current membership rates, eligibility requirements, and Management approval.
Unless the Member separately authorizes automatic renewal in writing, membership will not automatically renew and the Member will not automatically be charged for another term.
Management reserves the right to modify future membership rates, benefits, policies, or renewal requirements upon reasonable notice, subject to applicable law.
3. NO OUTSIDE CIGARS
Outside cigars are prohibited. All cigars consumed or stored on the premises must be purchased directly from 5 Seventeen Cigars, unless Management expressly authorizes otherwise in writing.
Management may require unauthorized tobacco products to be removed from the premises.
4. ALCOHOL POLICY
Outside alcoholic beverages are prohibited unless expressly authorized by Management and permitted by applicable law.
The possession, service, sale, and consumption of alcoholic beverages shall at all times be subject to applicable federal, state, and local law and the establishment's applicable licensing and permitting requirements.
Management reserves the right to refuse alcohol service or require a person to discontinue consumption or leave the premises when permitted by law and reasonably necessary for safety, compliance, or enforcement of Club policies.
5. AGE & IDENTIFICATION REQUIREMENTS
Members and guests must satisfy all applicable legal age requirements for the purchase, possession, or consumption of tobacco products and alcoholic beverages.
Valid government-issued photo identification may be required at any time. Membership does not waive or supersede any age restriction imposed by federal, state, or local law.
Management reserves the right to refuse entry, tobacco sales, or alcohol service when satisfactory identification cannot be provided.
6. ASSIGNED LOCKERS
Any locker assigned to a Member remains the property of 5 Seventeen Cigars. Locker assignment provides a limited membership privilege and does not constitute a lease, rental interest, bailment, or transfer of ownership.
The locker is intended solely for the registered Member's authorized personal use. Members may not sell, transfer, share, sublease, duplicate access credentials for, or permit unauthorized persons to use their assigned locker.
No illegal substances, weapons prohibited by law or Club policy, hazardous materials, perishable goods, stolen property, or other prohibited items may be stored in a locker.
7. LOCKER ACCESS & INSPECTION
To the extent permitted by applicable law, Management reserves the right to access or inspect an assigned locker when reasonably necessary to address a safety concern, suspected violation of law or Club policy, emergency, maintenance requirement, abandoned property, expiration or termination of membership, or other legitimate operational need.
Where circumstances reasonably permit, Management will attempt to provide notice to the Member before a non-emergency inspection.
Members should not use lockers for items for which they require an expectation of absolute privacy.
8. LOST, STOLEN OR DAMAGED PROPERTY
Members are responsible for safeguarding their personal property.
To the fullest extent permitted by applicable law, 5 Seventeen Cigars is not responsible for loss, theft, disappearance, deterioration, or damage to personal property brought onto or stored on the premises, except to the extent caused by conduct for which liability cannot lawfully be waived or limited.
Members are encouraged not to store cash, jewelry, firearms, irreplaceable documents, or other unusually valuable property in assigned lockers.
9. GUEST POLICY & MEMBER RESPONSIBILITY
Guests are subject to all applicable laws and Club policies while on the premises.
The Member is responsible for informing their guests of applicable Club rules and may be held responsible for property damage or other losses directly caused by the Member's guest to the extent permitted by law.
Management reserves the right to deny entry to or remove any guest who violates Club policies, creates a safety concern, engages in unlawful conduct, or materially disrupts the experience of other members.
Guest access is a privilege and may be restricted or revoked by Management in accordance with Club policy and applicable law.
10. MEMBER CONDUCT
Members and guests shall conduct themselves in a lawful, respectful, and professional manner.
Harassment, discrimination prohibited by law, threats, fighting, violence, theft, intentional property damage, illegal drug activity, dangerous behavior, excessive disruption, or other unlawful conduct is prohibited.
Management reserves the right to require any person engaging in prohibited conduct to leave the premises.
11. ASSUMPTION OF RISK
The Member understands that a cigar lounge environment may involve tobacco smoke, secondhand smoke, alcohol, crowds, furniture, glassware, food and beverages, and other ordinary conditions associated with a cigar lounge and social establishment.
To the extent permitted by applicable law, the Member voluntarily assumes the ordinary and inherent risks associated with entering and using the premises.
Nothing in this Agreement is intended to release 5 Seventeen Cigars from liability that cannot legally be waived or limited under applicable law.
12. DAMAGE TO PROPERTY
Members are responsible, to the extent permitted by law, for the reasonable cost of repairing or replacing Club property that they intentionally damage or damage through negligent or unauthorized conduct.
This may include damage to lockers, furnishings, fixtures, equipment, glassware, doors, access-control systems, or other Club property.
Management may seek reimbursement for documented damages and pursue other remedies available under this Agreement or applicable law.
13. SUSPENSION OR TERMINATION OF MEMBERSHIP
Management may suspend or terminate membership for material violations of this Agreement or Club policies, including unlawful activity, fraud, threats or violence, repeated disruptive conduct, misuse of membership privileges, unauthorized locker use, intentional property damage, or nonpayment of amounts lawfully due.
When reasonably appropriate under the circumstances, Management may provide notice of the violation and an opportunity to correct it before termination. Immediate suspension or termination may occur when reasonably necessary to address serious misconduct, safety concerns, unlawful conduct, or material threats to persons or property.
14. REFUNDS FOLLOWING TERMINATION
If a Member voluntarily cancels or Management terminates membership for the Member's material breach of this Agreement, membership fees are generally non-refundable, except where a refund is required by law or Management determines otherwise in writing.
If Management terminates a membership for reasons unrelated to Member misconduct or breach, Management may provide an appropriate prorated refund for unused membership time or benefits, taking into consideration applicable law and the circumstances of termination.
Termination does not eliminate responsibility for amounts or documented property damage lawfully owed before termination.
15. PROPERTY AFTER MEMBERSHIP TERMINATION OR EXPIRATION
Upon expiration or termination, the Member must remove all personal property from the assigned locker within the period specified in written notice from Management.
Property remaining after that period will be handled in accordance with applicable law. Nothing in this Agreement authorizes Management to dispose of property contrary to applicable abandoned-property requirements.
Locker access privileges may be deactivated when membership expires or is terminated.
16. CHANGES TO CLUB POLICIES
Management may adopt reasonable rules concerning the safe and orderly operation of the Club and may modify policies when reasonably necessary for legal compliance, safety, security, licensing, or business operations.
Material changes affecting existing paid membership benefits will be communicated to Members as required by applicable law and the terms of this Agreement.
17. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
To the extent legally permissible, any legal action arising from this Agreement shall be brought in a court of competent jurisdiction in the Texas county in which 5 Seventeen Cigars operates, unless applicable law requires otherwise.
18. ENTIRE AGREEMENT & SEVERABILITY
This Agreement, the signed Membership Application, the selected membership level, and any written policies expressly incorporated into this Agreement constitute the agreement between the Member and 5 Seventeen Cigars concerning membership.
If any provision is determined to be invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
No oral statement shall modify this Agreement unless the modification is confirmed in writing by an authorized representative of 5 Seventeen Cigars.