Membership Terms & Conditions

We are thrilled that you have decided to become a member of one of our Membership Programs subject to the below terms and conditions. All Erewhon Membership Programs (the “Program” or “Membership”) are administered by Erewhon (“Company” or “us” or “Erewhon”). By becoming a member of a Program or receiving and claiming the benefits associated with a Program, you (“you” or “Member”) agree to the Terms and Conditions below.

PLEASE READ THESE MEMBERSHIP TERMS AND CONDITIONS CAREFULLY AS THE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND OBLIGATIONS. BY PARTICIPATING IN ANY EREWHON MEMBERSHIP PROGRAM, YOU ARE AGREEING TO THESE MEMBERSHIP TERMS. YOUR MEMBERSHIP IS ALSO SUBJECT TO EREWHON’S TERMS OF USE AND EREWHON’S PRIVACY POLICY, BOTH AVAILABLE AT EREWHONMARKET.COM.

THESE MEMBERSHIP TERMS AND CONDITIONS CONTAIN PROVISIONS THAT (I) LIMIT OUR LIABILITY TO YOU, (II) ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, (III) REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION AND THROUGH FINAL AND BINDING ARBITRATION, AND (IV) PROVIDE FOR AUTOMATIC ANNUAL RENEWAL OF YOUR MEMBERSHIP. PLEASE REVIEW THESE MEMBERSHIP TERMS CAREFULLY AND IF YOU HAVE ANY QUESTIONS ABOUT THE PROGRAM, PLEASE CONTACT US VIA EMAIL AT MEMBERS@ENFMKT.COM

For purposes of these Erewhon’s Membership Terms and Conditions, a “Member” means an individual enrolled in any membership Program offered by Erewhon listed herein and including any permitted secondary member the primary member has authorized to use the membership. The primary member has sole authority to make changes to the membership and to request and receive appropriate information.

These Terms and Conditions May Change

EREWHON MAY CHANGE MEMBERSHIP TERMS AND CONDITIONS AT ANY TIME, WITHOUT NOTICE TO YOU. YOU AGREE TO REVIEW MEMBERSHIP TERMS AND CONDITIONS FOR ANY UPDATES. YOUR CONTINUED USE OF YOUR MEMBERSHIP (OR IN THE CASE OF AN EXPIRED MEMBERSHIP) CONSTITUTES AN ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO SUCH CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP. You are responsible for remaining knowledgeable of all Program terms and any changes, modifications, or additions to the Program in which you are a Member.

Only the Company has the sole discretion to modify, add, or delete all or any portion of the Program rules, terms, conditions, and benefits, at any time, with or without notice, even though such changes may affect the value of points already accumulated, and /or any benefits. The Company may also terminate any membership, reduce points, or declare any benefits forfeited for attempted violation of these Terms and Conditions, attempted fraudulent activity, malfeasance, commercial or resale activity, or any other reason deemed justified in the Company’s sole discretion.

Eligibility And Enrollment

The Café Membership and Membership Plus are paid membership programs that may automatically renew each year unless you cancel. Neither the Café Membership nor the Membership Plus is available where prohibited by law.

By purchasing a membership you are entering into a binding contract on the Terms and Conditions described herein and also agree to receive communications via e-mail messages, text messages, push notifications, or other messages, from Erewhon, Erewhon’s Lifestyle Collective brands and other brands we carry in our stores.

The Company is not responsible for communications, offers, or rewards sent to out-of-date or changed email addresses. All Program communications will be sent to the primary member’s e-mail or mobile phone currently provided in the member’s membership account. Members must keep their email and mobile phone current.At any time a member inquires about points, Erewhon may ask the member certain security-related questions to verify the member’s identity.

There is a limit of one Program per individual, email address, and phone number. Family members of employees are eligible to enroll in the Programs. Employees are not eligible to enroll in any Membership Programs. Shoppers working and purchasing items on behalf of 3rd party delivery companies are not eligible to enroll in any Membership Programs.

You agree not to sell, transfer, or assign your account or the points associated with your membership or any membership rights. Points or benefits are not your personal property and may not be inherited, bartered, purchased, assigned or sold. For online users and app users, you are cautioned that you alone are responsible for maintaining the confidentiality of any login credentials and for restricting access to your computer (or other devices, as applicable) so that others may not access the account associated with your membership.

Membership Tiers & Benefits

Café Membership

Café Membership is a $100 yearly membership paid in advance and provides Café members with the following benefits during their membership term:

• ONE Erewhon Point accrued per $10 spent, after discounts, before tax and shipping ONLY for purchase of freshly prepared food or drinks from the hot bar or tonic bar made at a Company store, Company website, or Company app.
• Other current membership benefits of Café Membership (which benefits are subject to change at any time without notice) can be reviewed at erewhonmarket.com or through the Company App or by emailing Erewhon at members@enfmkt.com.

The Café Membership only provides one primary membership and does not include a secondary membership

Membership Plus

Membership Plusoffers all of the rights and privileges of Café Membership and is a $200 yearly membership paid in advance and also provides Membership Plusmembers with the following additional benefits during their membership term:

• ONE Erewhon Point accrued per $10 after coupon, after discouts, before tax and shipping, for every purchase (other than those purchases excluded below) made at the Company store, Company website, or Company app. Erewhon points for all eligible transactions are rounded up to the nearest two decimals.
• Other current Membership Plus benefits (which benefits are subject to change at any time without notice) can be obtained at erewhonmarket.com or through the Company App or by emailing Erewhon at members@enfmkt.com.

All Membership Programs

We may, in our sole and absolute discretion, change the Membership Program fees or benefits. If any Membership fee changes, your membership will be valid for the remainder of your Membership Term at the original membership fee after which your Membership Term will automatically renew at the new membership fee.

All credit cards and debit cards accepted by the Company can be used to pay for your MembershipFee. If the card we have on file for you is declined for payment of your Membership Fee, you must provide us with a new card promptly or your Membership will be canceled. If you provide us with a new card that is successfully charged, your Membership will be based on the original sign-up date and not the date of the successful charge.

The Membership Plus provides one primary membership and a secondarymembership, included at no additional charge, that may be issued to one other memberas requested by primary member at the time of enrollment or otherwise. . Also, only one Erewhon membership may earn points in each transaction and either the primary member or secondary member may take advantage of the points. Furthermore,the primary member may (no more often that every six months) replace a secondary member and designate a new and different secondary member with the consent of Erewhon by emailing Erewhon at

Your Café Membership and Membership Plus may automatically renew each year. You can opt out of auto-renewal through the Erewhon App or by contacting Erewhon through the prominently located direct link on the Erewhon App or by email to

Earning of Points

To earn Points, Program Members must identify themselves at the time of purchase, either in-store, or online, by using one of the validation methods listed below:

• For any in-store transaction Membership can only be validated using one of three methods with no exception:
1. Cashier will scan your Membership Barcode on your Mobile App (iOS or Android)
2. You scan your fingerprint on the in-store biometric readers to pull up your account
3. You provide your Phone Number and a valid form of ID to Store Manager who will verify
• For e-commerce transactions, you must be logged into your account using the SMS verification code sent to your mobile phone number
• NOTE Members will not receive any Physical Membership Card, they will receive a Digital Membership Card via the Mobile App

(hereinafter “Validation Methods”) in any of our membership programs.

If you do not use one of the Validation Methods at the time of purchase, you will not accrue Points for that purchase, and/or you will not be eligible to receive membership benefits. You may, however, add purchases to your Membership Account within seven days of original transactions by emailing members@enfmkt.com and providing sufficient information to Erewhon to identify the purchase. The Company has sole discretion in determining whether a reported purchase qualifies for Points.

Points cannot be earned on purchases of sushi, flowers, gift cards, bottle deposits,as well as services and labor offered by Erewhons. Erewhon reserves the right to determine to add, modify, or delete qualifying restrictions on product categories or products from the above list, without notice

Points are earned once a purchase has consummated and been delivered and after a customer takes possession (for in-store transactions). Points are earned only on in-store or online purchases made through the Erewhon Mobile App or the Erewhon Website. Purchases made through any third party platform do not earn points. Points accrue net of discounts.

You may review your Points balance via the Erewhon Mobile App. It may take up to 24 hours for Points to accurately post. The number of Points earned is based on the date your purchase was made, which may be different than the date the transaction posts. Any disputes concerning Points that have not timely posted must be made in writing to members@enfmkt.com.

Erewhon will use reasonable efforts to investigate your Points dispute provided you notify Erewhon within 21 days of the purchase or use of the points. If you do not notify Erewhon within that period, you waive your right to make a dispute concerning a purchase or use of the Points. Erewhon may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation, requested proof, and a valid receipt. Upon completion of the investigation. Erewhon will have no further responsibilities if you later reassert the same dispute. It is your burden of proof to persuade Erewhon on all disputes and there is a rebuttable presumption that all entries made to your Account were approved by you.

Expiration of Points and Return of Points

Points do NOT expire, however, the Company reserves the right in the future to cause any points to expire for inactivity after your Membership has expired.

Points earned from a purchase are deducted in the event of a return, refund, or other credit and will be deducted from your Account in an amount equal to the Points earned for the original purchase.

Redemption Of Points

Points can be used towards eligible purchases made at a Company store or via purchases on the Erewhon App or website, as determined by Erewhon. Points are non-transferable, have no cash value, are not legal tender, and do not give rise to any property or other interest whatsoever. Erewhon Points can be used only for approved purchases through the Erewhon Mobile App, the Erewhon Website or for purchases made in store. Points can be used as a tender on approved purchases with 1 Erewhon Point having the value of $1.00.

Cancellation

An enrollment fee for Café Membership and Membership Plus is non-refundable. Café Members and Membership Plus members continue to enjoy the benefits of the respective Programs for the term of membership. All Points are forfeited upon cancellation and former members cannot earn points or benefits before they again enroll and pay a membership fee.

Opt-In/Privacy/Opt-Out

By providing your enrollment information, you are opting in to receive communications, including email and text communications from Erewhon. You are also permitting us to use your transaction and profile data to send personalized Program communication and exclusive offers.

Members who have opted out of receiving marketing emails are still able to participate in the Program and receive messages about the Program in which they are enrolled. You agree Erewhon may send communications regarding the Program by mail, phone, email, or other methods, including consent to receive emails, text messages, push notifications, and other communications at any of the e-mail addresses and/or telephone numbers you provide. It is agreed Erewhon may send communications for any transactional, customer service, order, or order-related matters, and, as applicable, for advertising, marketing, or promotional purposes or other purposes you requested or consented to about all of your Account and your enrolment in a membership program we offer. The messaging frequency will vary.

Erewhon is not responsible for communications lost or undelivered due to incorrect or outdated email addresses and/or phone numbers.

All members have the option to discontinue receiving communications from us concerning marketing, advertising, promotional activities, and other related activities.To discontinue or opt-out, please email members@enfmkt.com.

Notice of Financial Incentive

In connection with our Program, we may from time to time offer financial incentives and/or price or service differences (“Incentives”) to Members.

To offer these Incentives, we must track the personal information you provide when you sign up or engage in activities to earn Points, such as purchase history, date of birth, participation in events, and engagement with the Company as described in these Terms (“Program Data”).

Credit Card Tokenization

By accepting our Terms and Conditions, you hereby consent to us storing your payment information for future use by Erewhon in accordance with our standard practices concerning tokenization, including, without limitation, using tokenization.

Limited Liability

Unless otherwise required by law, neither Erewhon nor any of our affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with the Program or these Terms and Conditions, including but not limited to, use of the Program and any redemption for or purchase of products or benefits of the Program except that any liability that Erewhon or any Employee representative may have to you in concerning the Program shall be limited to the amount of any Points you have earned in accordance with these Terms and Conditions.

Taxes

You are responsible for any tax liability that may result from participation in the Program or the use of any Points. Consult your tax advisor concerning such tax consequences.

Conflicts

These Terms and Conditions supersede any previous terms and conditions governing your membership. If any part of these Terms and Conditions conflicts with applicable law, that provision will be deemed severed from these Terms and Conditions and the remainder of the Terms and Conditions will remain in effect.

Agreement to Arbitrate & Waiver of Certain Rights

You and the Company agree that, except as set forth below, we will resolve any Dispute (defined below) between us (including any disputes between you and any of our affiliates) and you through binding and final individual arbitration instead of through court proceedings. You and the Company hereby waive any right to a jury trial or to class or collective resolution or decision of any Dispute. Any Dispute, arising in any way between us and You (and out of an abundance of caution any secondary member concerning your membership) including but not limited to in connection with any (i) of these Terms, (ii) your membership, (iii) your access to or use of the Erewhon Site or Erewhon mobile app, (iii) your access to an Erewhon market, (iv) claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, in law or equity, and/or (v) all common law claims and claims related to personal injury, including claims for negligence, gross negligence, physical impairment, pain and suffering, emotional distress, and exemplary or punitive damages arising out of or related to any personal injury(“collectively hereinafter “Dispute”) will be governed by the Federal Arbitration Act (“FAA”) and California law (without reference to its choice of law provisions), all as more fully set forth below. The foregoing shall not preclude you or Erewhon or any of our affiliates from pursuing all

You are advised that in arbitration, there is no judge or jury and there is less discovery and appellate review than in court. You also acknowledge and agree there will be no right or authority for any Dispute to be arbitrated or litigated on a class-action basis.Neither you nor the Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, concerning any Dispute. Any Dispute will be resolved exclusively by and in accordance with the Arbitration Rules of ADR SERVICES, INC ("ADR Rules"). The arbitration will be heard and determined by a single arbitrator in Century City California appointed by ADR SERVICES, INC in accordance with theADR Rules. The arbitrator's decision in any such arbitration will be final and binding upon you and Erewhon and may be enforced in any court of competent jurisdiction. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This section of the Terms and Conditions will survive the termination of your membership in any Program.

You and Erewhon also agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions including, but not limited to, a claim that all or any part of these Terms and Conditions is void or voidable.

If you demonstrate with substantial documentary evidence that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive to you. You and the Company also have the right to bring qualifying claims in small claims court on an individual, non-class basis. Neither you nor Erewhon shall be entitled to an award of attorney fees from the arbitration of any Dispute.

Right to Opt-Out of this Arbitration Agreement.

You may opt out of the agreement to arbitrate all Disputes but only within the first 10 days after the primary member enrolls in one of our Membership Programs by sending an email to the Company at members@enfmkt.com. Your email must include your printed name, mailing address, and the words “Reject Arbitration.”

If any provision concerning the arbitration of a Dispute is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the provisions concerning the arbitration of any Dispute shall continue in full force and effect. If for any reason a Dispute proceeds in court rather than in arbitration you and Erewhon each waive any right to a jury trial. No waiver of any provision of these Terms and Conditions will be effective or enforceable unless recorded in a writing and signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms and Conditions. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief.".

Miscellaneous

Under no circumstances will Erewhon or its affiliates be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control or because one or more grocery items or other products may not be available for sale at all times.

Erewhon’s websites and apps do use “cookies.” A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to remind Erewhon of who you are, tailor our products and services to suit your interests, estimate our customer size, track your status in our promotions, benefits, giveaways, and/or analyze your visiting patterns. You can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. Erewhon will only use this type of data in an aggregate form that does not identify you personally.

The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.All trademarks, service marks and trade names used in any Program are with the permission of Erewhon. All trademarks, service marks, and trade names used by Erewhon, are the property of Erewhon. No use of these may be made without the prior written authorization of Erewhon.

Termination and Forfeiture

Important note: Subject to any requirements or limitations of applicable law, Erewhon may at any time for any reason terminate any Program without liability to Erewhon.