BJ’s BREWHOUSE BEER CLUB
TERMS & CONDITIONS
- Scope. These Terms and Conditions (the “Terms”) govern your membership in the BJ’s Brewhouse Beer Club (the “Club”) operated by BJ’s Restaurants, Inc. (“BJ’s”). Please read these Terms carefully. By checking the box next to the hyperlink to these Terms in the Club sign-up process, 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.
- Limited to California. Please note that we are currently offering the Club in California only, with certain restrictions applicable to our BJ’s restaurants located in Westwood, Salinas, Palmdale and Laguna Beach (as described in Section B below). The Club is void outside of California, and where prohibited or restricted by law. We anticipate expanding the Club in the future to other states within the United States, and will update these Terms accordingly at that time. However, please note that we reserve the right to cancel the Club at any time and/or not proceed with expanding the Club outside of California, for any or no reason.
- 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 at https://bjsrestaurants.com/beerclub-terms-and-conditions. 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.
- 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 I BELOW.
- Duration. The benefits of Club membership will be provided to you two months at a time—namely, for January/February, March/April, May/June, July/August, September/October, and November/December (each a “Two-Month Period”). Except as described in Section B.2 below, the initial term of your membership in the Club will commence on the date you sign up and will continue for the remainder of the Two-Month Period in-process when you sign up (regardless how many days remain in that period, except your initial dine-in and takeout perks will be available for 60 days after the date you sign up), unless terminated early by you or BJ’s. AT THE END OF YOUR INITIAL TERM AND AT THE END OF EACH TWO-MONTH PERIOD THEREAFTER, YOUR CLUB MEMBERSHIP WILL AUTOMATICALLY RENEW AND CONTINUE FOR ANOTHER TWO-MONTH PERIOD THEREAFTER, UNLESS AND UNTIL TERMINATED BY BJ’S OR BY YOU BEFORE YOU ARE CHARGED FOR THE NEXT TWO-MONTH PERIOD (ON THE 27TH DAY OF THE SECOND MONTH OF THE TWO-MONTH PERIOD THEN IN-PROCESS). SPECIFICALLY, YOU MUST CANCEL YOUR CLUB MEMBERSHIP BEFORE THE 27TH DAY OF THE SECOND MONTH OF THE TWO-MONTH PERIOD THEN IN-PROCESS IN ORDER TO AVOID THE CLUB FEE FOR THE NEXT UPCOMING TWO-MONTH PERIOD.
- Gift Subscriptions. If you receive and redeem a Gift Subscription to the Club, the term of your membership in the Club will commence on the day that you redeem the Gift Subscription, and will continue for the remainder of the Two-Month Period then underway (between one and sixty days) and through the next two (2) or five (5) Two-Month Periods (depending on the type of Gift Subscription you have redeemed with us), and will automatically terminate at the end of such Gift Subscription period. You can choose at any time to continue your membership in the Club at the conclusion of your Gift Subscription, subject to the payment terms, automatic renewal terms, and other terms and conditions of Club membership set forth in these Terms.
- 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. BJ’s reserves the right to approve or deny your request to subscribe to the Club, for any or no reason, in our sole discretion.
- 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 (except for a Gift Subscription) and your designation of the BJ’s restaurant in California where you will pick up your BJ’s craft beer releases as a member of the Club. Currently, you may designate any of our BJ’s restaurants in California as your pick-up location, except for our restaurants located in Westwood, Salinas, Palmdale and Laguna Beach. If you are not already a BJ’s Premier Rewards PLUS member, by signing up for the Club you will automatically be registering for BJ’s Premier Rewards PLUS program as well. Visit our BJ’s Premier Rewards PLUS page 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 (at email@example.com) regarding any unauthorized access to or use of your Club account.
- Benefits. As a member of the Club, you will be eligible to receive the exclusive Club benefits set forth at www.bjsrestaurants.com/beerclub during each Two-Month Period that your membership is in effect and at all BJ’s restaurants in California (subject to the restriction on designating certain restaurants as your pick-up location, as noted in Section B.4 above). Such benefits will include a limited quantity of select BJ’s craft beer releases for pick-up each Two-Month Period at your designated BJ’s restaurant in California, as well as various upgrades, discounts and other promotional offers that we may provide from time to time, subject to the terms and conditions set forth in such promotional offer (and these Terms). We are not responsible for any third-party products and services provided to Club members. For each BJ’s craft beer release, you will have six (6) weeks following the date we notify you of the release to pick up your package of beer for that Two-Month Period from your designated BJ’s restaurant. When picking up any beer at a BJ’s restaurant, 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. BJ’s 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. BJ’s will not be responsible for any beer you are eligible to receive as a Club member that you do not pick up within six (6) weeks after the date we notify you that such beer is available for pick-up. You will not be obligated to make any purchases at the BJ’s restaurant during such visit. BJ’s 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.
- Payment and Cancellation.
- Fees. The current fees to subscribe to the Club are set forth at www.bjsrestaurants.com/beerclub. BJ’s 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.
- Payment. Club fees will be due and payable on the day you sign up and then on the 27th day of the calendar month immediately preceding each Two-Month Period thereafter, until your Club membership is terminated. Specifically, your payment for the Two-Month Period in process when you sign up will be due in full on the day you sign up (regardless of how many days remain in that initial Two-Month Period), and thereafter Club fees will be due on the following dates, as applicable:
- December 27 – for the Two-Month Period of January 1 – February 28;
- February 27 – for the Two-Month Period of March 1 – April 30;
- April 27 – for the Two-Month Period of May 1 – June 30;
- June 27 – for the Two-Month Period of July 1 – August 31;
- August 27 – for the Two-Month Period of September 1 – October 31; and
- October 27 – for the Two-Month Period of November 1 – December 31.
- 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 Two-Month Period then in process (or for any previous Two-Month Periods), and if you cancel your subscription on or after the 27th day of the second month of the Two-Month Period then in process, you also will not be refunded the fee for the upcoming Two-Month Period. To cancel your Beer Club membership, please log in to your account and click the “CANCEL SUBSCRIPTION” button. If you have any questions, please reach out to us at firstname.lastname@example.org.
YOU ACKNOWLEDGE THAT YOUR CLUB MEMBERSHIP WILL AUTOMATICALLY RENEW AND CONTINUE ON A TWO-MONTH BASIS INDEFINITELY, UNLESS AND UNTIL TERMINATED BY YOU OR BY BJ’S. YOU FURTHER ACKNOWLEDGE THAT YOU MUST CANCEL YOUR SUBSCRIPTION TO THE CLUB BEFORE THE 27TH DAY OF THE SECOND MONTH OF THE TWO-MONTH PERIOD THEN IN-PROCESS IN ORDER TO AVOID THE FEE FOR THE NEXT UPCOMING TWO-MONTH PERIOD.
- Gift Subscriptions. If you have a Gift Subscription to the Club, the terms of Sections C.1 through C.3 above do not apply to your Gift Subscription. Your Gift Subscription will automatically terminate at the end of the period of your Gift Subscription (as set forth in Section B.2 above). 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.
- Return Policy.
If any package of beer you receive through the Club contains a broken bottle or there is any other defect in the beer when you pick it up from your designated BJ’s restaurant, you may call or return the beer to such BJ’s restaurant within 30 days of pick-up. We will work with you to resolve the problem, which may include replacement or a full credit.
- Alcohol Related Terms.
- 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.
- Refusal To Sell Alcohol Beverages. BJ’s reserves the right to refuse to sell or deliver alcohol beverages to any person in accordance with applicable laws.
- Personal Use. You warrant that your purchase and receipt of alcohol beverages is for personal use and not for resale.
- Termination by BJ’s.
- Termination of Your Club Membership. BJ’s reserves the right to revoke or otherwise terminate your Club membership at any time, for any or no reason, in our sole discretion.
- Termination of the Club. BJ’s 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.
- 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.
- Disclaimers and Limitations of Liability.
- 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 BJ’S 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, BJ’S 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.
- Limitations of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BJ’S (AND ITS SUBSIDIARIES AND OTHER AFFILIATES) 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 BJ’S OR A BJ’S 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. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.
- 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 California, 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.
- Dispute Resolution; Class Action Waiver.
- 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.
- Informal Resolution. For any Dispute you have with BJ’s (including any BJ’s restaurant) regarding the Club and/or these Terms, you agree to first contact us at email@example.com or (714) 500-2664, and to attempt to resolve such Dispute with us informally.
- 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 arbitration administered by JAMS, conducted before a single arbitrator, all in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”). For more information on JAMS, the JAMS Rules, or the process for filing an arbitration claim, you may call JAMS at 800.352.5267 or visit the JAMS website at www.jamsadr.com.
- No Class Actions or Class‑Wide Relief. You and BJ’s 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.
- 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.
- Email Communications.
When you sign up for the Club, you are required to provide BJ’s with your email address, which we will use to send you information about the Club (including periodic updates), as well as to send you promotional announcements and other marketing messages and information from time to time. You may update this information at any time by logging into your Premier Rewards Plus account at www.bjsrestaurants.com/rewards. You may opt out of receiving marketing emails from BJ’s at any time by doing one of the following: (i) emailing us at firstname.lastname@example.org and requesting to be removed from our email marketing distribution list, (ii) adjusting your preferences after signing into your Premier Rewards Plus account online at www.bjsrestaurants.com/rewards, or (iii) following the opt-out mechanism in any marketing email you may receive from us. If you opt out, you authorize BJ’s, our subsidiaries and other affiliates, and our third-party contractors to send you an email confirming your opt-out. Please note that even if you opt out of our email marketing distribution list, we will still be authorized to send you transactional email messages, including about your Club account.
- No Implied Waiver. Any failure of BJ’s to exercise or enforce any rights or provisions of these Terms shall not constitute a waiver of such right or provision.
- No Limitation on Remedies. Nothing in these Terms will limit BJ’s from exercising any legal rights or remedies that we may have.
- 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.
- Entire Agreement. These Terms constitute the sole terms of the agreement between you and BJ’s regarding your subscription to the Club.
- Contact Us.
If you have any questions about the Club, you may contact us at BJ’s Brewhouse Beer Club, 7755 Center Avenue, Suite 300, Huntington Beach, CA 92647 or email@example.com.