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terms & conditions
SWEET HOME FROYO FOUNDER’S CLUB
PRESALE STORE CREDIT & REWARDS AGREEMENT
This Sweet Home Froyo Founder’s Club Presale Store Credit & Rewards Agreement (“Agreement”) is entered into by and between Sweet Home Froyo LLC, a Alabama Limited Liability Company (“Company,” “we,” “us,” or “our”), and the purchaser or approved recipient of a Founder’s Club (the “Customer,” “you,” or “your”). By purchasing a Founder’s Club, you accept and agree to this Agreement.
1. Definitions
1.1 “Founder’s Club” means the Company’s presale rewards program described in this Agreement.
1.2 “Founder’s Club Unit” means one (1) $200 purchase of the Founder’s Club.
1.3 “Store Credit” means the stored-value credit issued by Company in the amount of $200 per Founder’s Club Unit, redeemable only as described herein.
1.4 “Activation Date” means the official public opening date of the first Sweet Home Froyo location operated by Company (the “Store”).
1.5 “Discount Benefit” means the 20% discount described in Section 5.
1.6 “Household” means persons who reside at the same primary residential address as the Customer (or, if a gift, the designated recipient) as reasonably verified by Company.
2. Nature of the Founder’s Club
2.1 Presale Rewards Only. The Founder’s Club is a presale rewards program that provides Store Credit equal to the purchase price and certain promotional benefits for early supporters.
2.2 No Equity / No Profit Rights. Your purchase is not an investment and does not create any equity interest, ownership stake, loan, debt, security, profit-sharing, revenue-sharing, or other financial interest in Company or any affiliate.
2.3 No Fiduciary Relationship. Company has no fiduciary duty to you arising from this Agreement or your purchase.
3. Purchase Price; Taxes; Issuance
3.1 Price. Each Founder’s Club Unit costs $200 USD (plus applicable sales tax, if any, unless separately stated at checkout).
3.2 Payment Processing. Payments are processed through Company’s payment processor(s). Company does not control and is not responsible for third-party processor outages, holds, or policies.
3.3 Delivery of Proof of Purchase / Code. Company may issue Store Credit via a physical gift card, digital code, account credit, receipt lookup, or other method in its discretion.
4. Activation; Opening Timeline; Delays
4.1 Benefits Begin at Opening. Store Credit and all Founder’s Club benefits activate on the Activation Date.
4.2 Estimated Opening. Company’s current plan is to open late 2026; however, this is an estimate and may change.
4.3 Delays. Delays may occur due to construction, permitting, inspections, staffing, supply chain, weather, or other reasons. If delayed, your benefits remain valid and will activate upon opening.
5. Founder’s Club Benefits
5.1 Store Credit. You will receive $200 in Store Credit per Founder’s Club Unit, redeemable after opening as described in Section 6.
5.2 Discount Benefit (Standard). You will receive twenty percent (20%) off all self-serve frozen yogurt purchases for one (1) year starting on the Activation Date. For clarity, this discount applies only to self-serve frozen yogurt purchases and does not apply to gift cards, merchandise, catering, delivery fees, gratuities, taxes, or other excluded items identified by Company.
5.3 Grand Opening Invitation. You will receive an invitation to Company’s grand opening event for your Household (subject to capacity limits, RSVP requirements, and reasonable event rules).
5.4 Founder’s Wall Recognition. Your family’s last name, or another approved last name you provide at checkout, will be displayed on the Sweet Home Froyo Founder’s Wall, subject to Section 7. If you purchase more than one Founder’s Club Unit, your chosen last name will be displayed only once per purchaser or designated recipient.
5.5 Activation of Benefits. All Founder’s Club benefits become active only upon the official opening of Sweet Home Froyo.
5.6 Multiple Purchases / Gift Recognition. A purchaser may buy more than one Founder’s Club Unit. However, the Founder’s Wall recognition is limited to one displayed last name per purchaser or designated recipient relationship. A purchaser may designate another approved last name at checkout for a gift purchase.
6. Store Credit Terms (No Cash Value)
6.1 Redemption. Store Credit may be redeemed over multiple visits until exhausted, subject to this Agreement and applicable law.
6.2 Where Redeemable. Store Credit is redeemable in-store only at the Store (and any additional locations Company may designate in writing).
6.3 No Cash Redemption. Store Credit has no cash value and is not redeemable for cash, except where required by applicable law.
6.4 Exclusions. Company may exclude certain items from Store Credit redemption (for example: purchasing additional gift cards, gratuities, third-party delivery fees, catering deposits, taxes, or other excluded items) if disclosed at point of sale or on Company’s posted policies.
6.5 Expiration. Store Credit will not expire earlier than permitted by applicable law. Unless prohibited by law, Company’s default policy is that Store Credit expires five (5) years after the Activation Date (or later if required by law), provided the expiration date is clearly disclosed.
6.6 Lost/Stolen; Proof of Purchase. Treat Store Credit like cash. If lost, stolen, deleted, or used without authorization, Company may (but is not required to) reissue Store Credit only upon reasonable proof of purchase and only to the extent Company can verify the remaining balance.
6.7 Fraud/Abuse. Company may void Store Credit or refuse redemption if it reasonably suspects fraud, tampering, resale, or abuse, and may require reasonable identification to verify the rightful holder.
7. Founder’s Wall Name Display
7.1 One Display Per Last Name Per Purchase Relationship. You may purchase multiple Founder’s Club Units; however, the Founder’s Wall will display your chosen last name once per Customer (or once per designated recipient).
7.2 Name Approval; Content Standards. Company may reject or remove names that are offensive, misleading, infringing, political campaign-related, or otherwise inappropriate in Company’s reasonable judgment.
7.3 Timing and Format. Company will use commercially reasonable efforts to install the Founder’s Wall recognition within a reasonable time after opening. Company controls formatting, size, placement, and design.
7.4 Public Display Consent. You consent to the public display of the last name you provide and acknowledge it may be photographed by patrons.
8. Gifting; Multiple Purchases
8.1 Gifts Allowed. You may purchase a Founder’s Club Unit as a gift and designate a recipient last name and recipient contact information as allowed by Company.
8.2 Non-Transferability After Issuance. Unless Company expressly agrees in writing, Founder’s Club benefits are non-transferable after issuance and are intended for the purchaser/designated recipient and their Household.
8.3 If you purchase a Unit as a gift, the designated recipient is treated as the Customer for benefit purposes.
9. Use of Funds; No Escrow
9.1 Use of Proceeds. Founder’s Club proceeds will be used for business startup and operating costs, including build-out/construction, equipment, inventory, permits/licensing, professional fees, and operating expenses.
9.2 No Escrow. Funds are not held in escrow and may be used prior to opening. Customer acknowledges that Founder’s Club purchase funds may be spent before opening and may therefore not be fully recoverable in the event the Store never opens.
10. Refund Policy (If Unable to Open)
10.1 No Routine Refunds. Founder’s Club purchases are intended as presale Store Credit and are final except as stated in this Section 10 or as required by law.
10.2 Failure to Open. If Company is unable to open the Store for any reason on or before December 31, 2027 (a “Failure to Open”), Company will refund the Founder’s Club purchase price paid by the Customer, less any portion of such funds that has already been spent or irrevocably committed in good faith toward startup, build-out, equipment, inventory, permitting, professional fees, or operating expenses for the Store, to the fullest extent reasonably possible and to the extent permitted by applicable law.
10.3 Refund Process Limits. You acknowledge and agree that Founder’s Club funds are not held in escrow and may be used before opening for business startup and operating purposes. Accordingly, in the event of a Failure to Open, any refund may be partial rather than full, depending on the remaining funds and practical payment-processing limitations. Company will use commercially reasonable efforts to issue any available refund to the original payment method; if that method is unavailable, Company may offer an alternative refund method consistent with applicable law.
10.4 Exclusive Remedy. The refund rights described in this Section 10 are your sole and exclusive remedy for a Failure to Open. Company will not owe interest, consequential damages, reliance damages, lost opportunity damages, or other compensation.
11. Modification, Substitution, or Discontinuation
11.1 Reasonable Adjustments. Company may make reasonable adjustments to benefits if required for operational, legal, supply, or safety reasons, while maintaining the overall intent and substantially similar value.
11.2 Program Discontinuation. Company may discontinue the Discount Benefit or other promotional components prospectively if reasonably necessary; however, Company will use commercially reasonable efforts to provide a comparable substitute benefit or credit of similar promotional value.
11.3 No Retroactive Reduction of Store Credit Amount. Company will not reduce the $200 Store Credit per Founder’s Club Unit once issued, except in cases of fraud, chargeback, or error correction.
12. Force Majeure / Events Beyond Control
Company is not responsible for delays, interruptions, or inability to perform due to circumstances beyond its reasonable control, including regulatory actions, permitting/inspection delays, construction delays, labor disputes, supply shortages, utility outages, severe weather, fire, flood, pandemic, acts of God, or similar events.
13. Disclaimer of Warranties
The Founder’s Club and benefits are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, Company disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement.
14. Limitation of Liability
14.1 Cap on Liability. To the maximum extent permitted by law, Company’s total liability arising out of or related to this Agreement will not exceed the amount you paid for the Founder’s Club Unit(s) giving rise to the claim.
14.2 Excluded Damages. To the maximum extent permitted by law, Company will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages (including lost profits), even if advised of the possibility.
14.3 Third-Party Systems. Company is not liable for third-party payment processors, email systems, SMS providers, or other external services.
15. Customer Conduct; Suspension/Termination
15.1 Compliance with Policies. You agree to comply with posted Store policies, reasonable staff instructions, and this Agreement.
15.2 Misuse. Company may suspend or terminate benefits (including Discount Benefit and/or Store Credit) if you engage in fraud, resale, harassment, threats, disruptive conduct, tampering, or repeated policy violations, in Company’s reasonable discretion.
15.3 Chargebacks. If you initiate a chargeback or payment reversal without Company’s written consent, Company may suspend benefits pending resolution and may permanently revoke benefits if the chargeback is upheld (subject to applicable law).
16. Privacy; Communications
16.1 Privacy Statement Incorporated. Company’s privacy practices are described in the Sweet Home Froyo Privacy Statement effective March 19, 2026 (the “Privacy Statement”), which is incorporated into this Agreement by reference. A current copy of the Privacy Statement is available upon request by contacting info@sweethomefroyo.com.
16.2 Information Collected. In connection with the Founder’s Club and related services, Company may collect: (a) information you provide (such as name, email, phone number, household/RSVP details, and the last name you choose for the Founder’s Wall); (b) transaction details and payment confirmations from Company’s payment processor (Company does not store full payment card numbers); and (c) technical information collected through Company’s website or digital services (such as IP address, device/browser data, and usage activity) to operate and improve services and prevent fraud.
16.3 Use of Information. Company may use personal information to: process purchases and administer Store Credit and benefits; confirm eligibility (including “first 125” tracking); provide customer support; send transactional notices (e.g., purchase confirmations, opening updates, benefit activation); operate and improve Company’s services; detect and prevent fraud, misuse, and chargebacks; and comply with legal obligations and enforce this Agreement.
16.4 Sharing of Information. Company does not sell your personal information. Company may share information with service providers and vendors that help operate the program (such as payment processors, email providers, website hosting, analytics providers, and POS/loyalty platforms), with professional advisors (attorneys/accountants/insurers), as required by law or legal process, to protect Company’s rights and safety, or in connection with a merger, acquisition, financing, reorganization, or sale/transfer of assets.
16.5 Founder’s Wall Public Display Consent. If you provide a last name (or other Company approved display name) for the Founder’s Wall, you consent to its public display in the Store. You acknowledge the display may be visible in photos or videos taken by patrons or third parties. Requests to remove or change a displayed name may be submitted to info@sweethomefroyo.com, and Company will use commercially reasonable efforts to honor such requests; however, Company cannot control third-party images already captured or shared.
16.6 Electronic Communications; Marketing Choices. Company may contact you by email, text message, or other electronic means for transactional purposes related to the Founder’s Club.
Email Marketing (If offered). If Company sends marketing emails, you may opt out at any time using the unsubscribe link or by contacting info@sweethomefroyo.com.
SMS/Text Marketing (If offered). If Company offers marketing text messages, you may opt out at any time by replying STOP (or as otherwise instructed in the message). Message and data rates may apply. Consent to marketing texts is not a condition of purchase.
16.7 Data Security; Retention. Company will use reasonable administrative, technical, and physical safeguards designed to protect personal information. Company retains information if reasonably necessary to administer benefits, maintain purchase records, resolve disputes, prevent fraud, and comply with legal obligations.
16.8 Children. The Founder’s Club is not directed at children under 13, and Company does not knowingly collect personal information from children under 13.
16.9 Disclaimer. No method of transmission or storage is 100% secure, and Company cannot guarantee absolute security.
17. Dispute Resolution; Governing Law; Arbitration
17.1 Good-Faith Effort to Resolve Disputes. Before either party files an arbitration demand or court action, the party raising the dispute must first give the other party written notice describing the nature of the dispute and the relief requested. Notices to Company must be sent to:
Sweet Home Froyo LLC
Attn: Founder's Club Program
15340 Flinders Lane suite F
Athens, AL 35611
Email: info@sweethomefroyo.com
The parties agree to make a good-faith effort to resolve the dispute informally for at least thirty (30) days after notice is received.
17.2 Binding Individual Arbitration. If the dispute is not resolved informally, any claim or dispute arising out of or relating to this Agreement, the Founder's Club, Store Credit, promotional benefits, or the relationship between Customer and Company shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as otherwise stated in this Agreement.
17.3 Small Claims Court. Either party may bring an individual claim in small claims court if the claim qualifies and remains only in small claims court.
17.4 No Class or Representative Actions. Customer and Company agree that any claim must be brought only on an individual basis. Neither party may bring or participate in any class action, collective action, representative action, private attorney general action, or similar proceeding. The arbitrator may not combine claims from more than one person and may not preside over any class, collective, or representative proceeding.
17.5 Location and Format of Arbitration. Unless the parties agree otherwise, arbitration shall take place in Limestone County, Alabama. The arbitrator may allow the arbitration to proceed by telephone, video conference, written submission, or other reasonable format if permitted by the applicable rules.
17.6 Arbitration Fees and Attorneys' Fees. Arbitration fees shall be handled according to the applicable AAA rules and applicable law. Each party shall be responsible for its own attorneys' fees and costs unless the arbitrator determines that applicable law or this Agreement requires otherwise.
17.7 Arbitrator's Authority. The arbitrator may award the same individual relief that a court could award, subject to the limitations and remedies stated in this Agreement. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court with proper jurisdiction.
17.8 Governing Law. This Agreement shall be governed by the laws of the State of Alabama, without regard to conflict-of-law rules, except to the extent federal law governs arbitration.
17.9 Severability. If any part of this Section 17 is found to be unenforceable, the remaining parts shall remain in effect. If the class-action waiver in Section 17.4 is found unenforceable as to any claim or requested relief, that claim or requested relief must proceed in court and not in arbitration.
17.10 Court Venue for Non-Arbitrable Claims. Any claim that is not subject to arbitration or small claims court must be brought exclusively in the state courts located in Limestone County, Alabama, or, if federal jurisdiction exists, the federal court serving that area. Customer consents to personal jurisdiction in those courts.
18. Miscellaneous
18.1 Entire Agreement. This Agreement is the entire agreement regarding the Founder’s Club and supersedes prior communications on this topic.
18.2 Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
18.3 No Assignment by Customer. You may not assign or transfer this Agreement or benefits without Company’s written consent. Company may assign this Agreement in connection with a sale of assets, merger, or business transition.
18.4 Electronic Acceptance. Online purchase/acceptance constitutes your electronic signature and agreement.
18.5 Notices. Company notices will be provided by email, SMS, website posting, or in-store posting in Company’s discretion. Customer notices should be sent to:
Company Contact:
Sweet Home Froyo LLC
Attn: Founder’s Club Program
15340 Flinders Lane suite F
Athens, AL 35611