Soho Desert House
Terms and Conditions
Last Updated: March 21, 2022
Welcome! The following are the terms and conditions ("Terms") that govern your use of Soho House’s sites and mobile applications—including without limitation www.sohohouse.com and SH.App, (collectively, the "Site"), and your purchase, possession, or use of any Soho House’s membership, upgrade, access or access pass, products, or services. As used herein, “Soho House” shall refer to “Soho House, LLC” and any owners, subsidiaries or companies affiliated with Soho House, LLC.
Please note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor their children’s Internet use. If you use the Site, you affirm you are at least 13 years old.
NOTICE REGARDING FUTURE CHANGES TO TERMS:We may make changes to the Terms at any time. Any changes we make will be effective immediately when we post a revised version of the Terms on the Site. The "Last Updated” date above will tell you when the Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
To the extent that these Terms differ from a prior version of the Terms which you previously agreed to, this version of the Terms supersedes and governs.
NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:The Terms contain an arbitration agreement and class action waiver Section 16. Specifically, you and we agree that any dispute or claim relating in any way to the Terms, your use of the Site, memberships, access pass, products or services sold, distributed, issued, or serviced by us or through us, will be resolved by binding, individual arbitration, rather than in court. By agreeing to individual arbitration, you and we each waive any right to participate in a class action lawsuit or class-wide arbitration. This agreement and waiver—along with some limited exceptions—is explained in Section 16, below.
COVID-19 WARNING:An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Soho House, and any potential event organizer (“Event Organizer”) and against any companies affiliated with Soho House or the Event Organizer—relating to such risks, hazards, and dangers.
1. Account Registration- Access PassYou may browse the Site without an access pass or registering for an account. You will be required to obtain a Soho House access pass in order to register for an account to use certain features of the Site. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar, or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure, or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, membership, access passes, cancel an account, or deny access to the Site for any reason.
2. Code of ConductYou agree that you will comply with all applicable laws, rules and regulations, including but not limited to the rules associated with your Soho House membership and/or access pass, and that you will not:
• Restrict or inhibit any other person from using the Site.
• Use the Site for any unlawful purpose.
• Express or imply that any statements you make are endorsed by us, without our prior written consent.
• Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company.
• Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other unsolicited commercial communication.
• Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous, or desirable, or contains any personal contact information or other personal information identifying any third party.
• Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
• Engage in spamming or flooding.
• Harvest or collect information about Site users. • Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us, or if you violate the terms of the presale or offer.
3. Ownership of Content and Grant of Conditional License
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all memberships and/or access passes obtained from the Site (collectively, the “Content”), are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time. We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by the Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
• Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature.
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit.
• Link to any portion of the Site other than the URL assigned to the home page of the Site.
• "Frame" or "mirror" any part of the Site.
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content.
• Remove any copyright, trademark, or other proprietary rights notices contained on the Site.
• Use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past.
• Use any automated software or computer system to search for, reserve, buy, or otherwise obtain membership, access passes, discount codes, promotional codes, vouchers, credits, gift cards, or any other items available on the Site, including sending information from your computer to another computer where such software or system is active.
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
• Access, reload, or refresh transactional event, or make any other request to transactional servers, more than once during any three-second interval.
• Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals.
• Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals.
• Reproduce, modify, display, publicly perform, distribute, or create derivative works of the Site or the Content.
• Reproduce access passes in a format or medium different from that provided by the Site.
• Decode, decrypt, modify, or reverse engineer any access pass or underlying algorithms or barcodes used on or in production of access passes or the Site.
• Use the Site or the Content in an attempt to, or in conjunction with, any device, program, or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
• Use bot technology to search for, reserve, or purchase access passes through the Site; for the avoidance of doubt, this specifically prohibits you from using automated purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event purchasing limits or to maintain the integrity of posted online purchasing order rules.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents, and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos, and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos, and service marks in any way without our prior written permission. You may inquire about obtaining permission by contacting us.
4. Making PurchasesPlease review our Purchase Policy, which (in addition to the Terms) will govern your purchase of any access pass or other products through the Site, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code, credit, or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards, or vouchers that belong to you or to people who expressly authorize you to use such payment methods. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site. You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment, or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your access may be cancelled, we may refuse to honor all pending and future access pass purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site. You will not use bot technology to search for, reserve, or purchase access through the Site; for the avoidance of doubt, this specifically prohibits you from using automated purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event purchasing limits or to maintain the integrity of posted online purchasing order rules.
5. Forums and User ContentWe may host member reviews, message boards, blog feeds, social media feeds, and other forums found on the Site (collectively, Forums), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork, or other materials to the Forums or other areas of the Site (User Content). By submitting User Content, you certify that you are at least 18 years old, or that you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content. You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive, and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with the Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. Statements, opinions, and reviews posted by members in a Forum may be inaccurate, offensive, obscene, threatening, or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings. You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (a) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (b) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and the Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian. We will have the right (but not the obligation) to monitor the Site, the Forums, and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors, and our users, or to comply with legal obligations or governmental requests. If we are notified that your User Content does not comply with the Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
6. Claims of Copyright Infringement on the SiteUnder the Digital Millennium Copyright Act of 1998 (the DMCA), if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number, and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at www.copyright.gov. Notices and counter-notices should be sent to Soho House by contacting us. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, repeat infringers’ access rights to the Site.
8. Parental ControlsWe cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at www.onguardonline.gov. We do not endorse the products or services listed at that website.
9. Access from Outside the United StatesThe Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
10. Rules for Sweepstakes, Contests and GamesIn addition to the Terms, sweepstakes, contests, games, or other promotions (collectively, "Promotions") made available through the Site may have specific rules that are different from the Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with the Terms, except in all instances the arbitration agreement and class action waiver set forth in Section 16, below, will control and apply.
11. Mobile Device ApplicationIf you install or use our mobile application, software, and services, including any accompanying documentation (collectively, the "Sh.App"), we grant you a limited right to install and use the Sh.App on a single authorized device located in the United States and its territories, or in another country where we may offer the Sh.App. You may use the Sh.App for your personal, non-commercial, and entertainment purposes only. We do not grant you any rights to any related documentation, support, upgrades, maintenance, or other enhancements to the Sh.App. We will not provide you with any device, internet access, or wireless connection to use the Sh.App. We are not responsible for any interaction between you and another Sh.App user, or information you transmit through the Sh.App (including your location).
12. Violation of the TermsWe may investigate any violation of the Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action (consistent with Section 16, below) that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy, and that we may pursue injunctive or other relief for your violation of the Terms. If we determine that you have violated the Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content, and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under the Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any access acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel an access order associated with any person we believe to be acting with you, or exercise any other remedy available to us. You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales, and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine, and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.
13. Disclaimer of WarrantiesWE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
14. Limitation of LiabilityIN NO EVENT WILL WE OR OUR EVENT ORGANIZERS, SUPPLIERS, ADVERTISERS, AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN, OR DAMAGED ACCESS, OR THE FAILURE OF A VENUE TO HONOR ACCESS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES, OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (a) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (b) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (c) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
15. IndemnificationIf anyone brings a claim against us related to your use of the Site, the Content, your User Content, or your violation of the Terms, you agree to indemnify, defend, and hold us and our affiliated companies, Event Organizers, suppliers, advertisers, and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
16. Mandatory Arbitration Agreement and Class Action Waiver
YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANY WAY TO THE TERMS, YOUR USE OF THE SITE, OR PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY OR THROUGH US—IRRESPECTIVE OF WHEN THAT DISPUTE, CLAIM, OR CONTROVERSY AROSE—WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH IN THE TERMS, RATHER THAN IN COURT. YOU AND WE THEREBY EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL, AND AGREE THAT YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exceptions. The arbitration agreement and class action waiver set forth in this Section 16 shall be subject to these limited exceptions:
You may assert claims in small claims court if your claims apply.
• If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section (Section 3) above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes.
• In the event that the arbitration agreement in the Terms is for any reason held to be unenforceable, any litigation against us (except for small claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, and you and we each consent to the jurisdiction of those courts for such purposes.
• You and we each retain the right to participate in class-wide settlement of claims.
Informal Dispute Resolution. You and we each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost, and mutually beneficial outcomes. Therefore, you and we each agree that, before either of us may commence an arbitration or assert a claim in small claims court, you and we will engage in the following informal dispute resolution process:
• The party seeking to initiate a claim in arbitration or small claims court (“claimant”) must give written notice to the other party (“respondent”). To notify us that you intend to initiate informal dispute resolution, you must send an email to Soho House at email@example.com providing: your full name; the email address and mailing address associated with your Soho House account; your counsel’s name and contact information, if you are represented by counsel; and a brief description of your claim(s) and the relief sought. To notify you that we intend to initiate informal dispute resolution, we will email you at the email address associated with your Soho House account and provide a brief description of our claim(s) and the relief sought, and our counsel’s name and contact information.
• You and we will then personally meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this mutual arbitration agreement. If either you or us is represented by counsel, that counsel may participate in the informal dispute resolution conference.
• All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.
• The informal dispute resolution conference shall occur within sixty (60) days of receipt of the written notice described above, unless an extension is mutually agreed upon by you and us. If, after participating in that conference, you and we have been unable to resolve the dispute, the claimant may commence an arbitration or assert a claim in small claims court in accordance with this arbitration agreement.
• Any statute of limitations will be tolled while you and we engage in the informal dispute resolution process described in this section.
Governing Law; Interpretation and Enforcement. The arbitration agreement in the Terms is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA"), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. Further, you and we each agree that the Terms evidence a transaction involving interstate commerce, and will be governed by and construed in accordance with federal law to the fullest extent possible.
Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
Arbitration Proceedings and Rules. The following rules and procedures shall apply:
• Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Terms. New Era ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/
• The arbitrator shall be selected pursuant to New Era ADR’s standard rank and strike process, as set forth in New Era ADR’s General Rules and Procedures.
• To increase the efficiency of administration and resolution of arbitrations: in the event of a claim seeking equitable relief (including injunctive relief), the arbitrator shall bifurcate the proceeding and rule on liability first, before conducting any proceedings (including discovery) related to the appropriate relief.
• Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
In the event that New Era ADR is unable to conduct the arbitration for any reason, the arbitration will be conducted by FairClaims pursuant to its FastTrack Rules & Procedures, and/or any applicable rules for consumer arbitrations, available at www.fairclaims.com. In the event that FairClaims is unable to conduct the arbitration for any reason, you and we will mutually select an alternative arbitration provider, and the arbitration will be conducted pursuant to that provider’s applicable rules. If, pursuant to this paragraph, the arbitration is conducted by an arbitration provider other than New Era ADR, references to New Era ADR and its rules in the Terms shall be construed as references to that arbitration provider and its applicable rules.
Commencing an Arbitration. A party who has complied with the informal dispute resolution provisions described above, and who wishes to start arbitration, must submit a Demand for Arbitration and a copy of the Terms to New Era ADR at app.neweraadr.com, and must also give notice to the other party. If the notice is being sent to us, it must be emailed to Soho House at firstname.lastname@example.org. If the notice is being sent to you, it will be sent to the email address associated with your Soho House access.
Arbitration Fees and Costs. If you commence an arbitration in accordance with the Terms, you will be required to pay New Era ADR’s $300 filing fee. You will not be responsible for paying any other fees for the arbitration, other than the filing fee; all other fees or expenses charged by New Era ADR will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). Further, if New Era ADR determines that you are unable to pay any part of the filing fee, we will pay that part too.
In the event that the arbitration is conducted by a different arbitration provider in accordance with the Terms, payment of any filing, administration, or arbitrator fees shall be governed by that provider’s rules.
You and we each agree that New Era ADR, FairClaims, JAMS, and any other arbitration provider selected pursuant to the Terms has discretion to modify the amount or timing of any fees due under any applicable rules or fee schedules, and further agree not to oppose any modifications to the timing or amount of any fees due—provided that such modifications do not increase the fees to either you or us.
Attorneys’ Fees. You are responsible for your own attorneys’ fees; we will not pay any attorneys’ fees unless ordered to do so by the arbitrator. For the avoidance of doubt, in cases where a statute gives you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute.
Delegation; Interpretation. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable; however, in the event of a dispute about which particular version of this Agreement you agreed to, a court will decide that specific question. This arbitration agreement is intended to be broadly interpreted and will survive termination of the Terms.
Limited Right to Appeal. As explained above, court review of the arbitrator’s decision is limited pursuant to the FAA; however, the Terms provide a limited right to appeal the arbitrator’s decision to a panel of JAMS arbitrators, as set forth in this sub-section. Specifically, in the event that the arbitrator awards injunctive relief against either you or us, the party against whom injunctive relief was awarded may—within 21 days of the arbitrator’s final decision—appeal that decision to JAMS, in accordance with the following procedure:
• Except as otherwise provided by the Terms, the appeal will be conducted pursuant to the JAMS Optional Arbitration Appeal Procedure, available at www.jamsadr.com.
• To commence an appeal, a party must submit the Demand for Arbitration Form available at www.jamsadr.com, and must also provide notice to the other party in the manner described above in this section.
• The JAMS appeal panel will consist of arbitrators who are either (a) retired state or federal judges or (b) licensed attorneys with at least 20 years of active litigation experience and substantial expertise in the substantive laws applicable to the subject matter of the dispute.
• The JAMS appeal panel will conduct a de novo review of the arbitrator’s decision.
• Except as provided in the FAA, there will be no right of appeal from the JAMS appeal panel’s decision.
17. No Reliance and Forward-Looking Statements
The information contained on the Site may not be current and should not be used or relied on for any investment decision regarding our securities or for any similar purpose. We file annual, quarterly, and current reports, proxy statements, and other information with the United States Securities and Exchange Commission (“SEC”). Copies of our filings are available at the SEC’s website at www.sec.gov.
Statements on the Site regarding our financial condition, results of operations and business, and our expectations or beliefs concerning future events that are not historical facts are “Forward-Looking Statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Use of the words “believes,” “expects,” “anticipates,” “plans,” “estimates,” or words of similar meaning are intended to identify Forward-Looking Statements but are not the exclusive means of identifying such statements. We caution you that there are some known and unknown factors that could cause actual results to differ materially from any future results, performance, or achievements expressed or implied by such Forward-Looking Statements, including but not limited to economic, competitive, governmental, and technological factors affecting our operations, markets, products, services, and prices, as well as the risks and uncertainties set forth in the documents we file with the SEC, specifically the section titled “Item 1A. Risk Factors” of our most recent Annual Report on Form 10-K and Quarterly Reports on Form 10-Q and Current Reports on Form 8-K. We do not undertake any obligation to publicly update or revise any Forward-Looking Statements because of new information, future events, or otherwise.
It is our belief that the Terms do not contain any provision contrary to law. However, if any part of the Terms is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the Terms, and (b) the remaining parts shall be deemed valid and enforceable.
If you have any questions, comments, or complaints regarding the Terms or the Site, please contact us at:
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Last updated: January 1, 2022
Our goal is to make your purchasing experience easy, efficient, and equitable, so we can get you on your way to our events as quickly as possible. The following policy is designed to ensure your satisfaction and understanding of the purchase process on our sites and mobile applications, including without limitation www.sohohouse.com, www.sohohouse.com/soho-desert-house-membership and the SH.App (collectively, the “Site”). This Purchase Policy applies to any purchases on our Site made on or after January 1, 2022. Please also review our Terms and Conditions which govern your use of our Site, and your purchase, possession, or use of any Soho House memberships, access passes, products, or services. If you have any questions, please contact email@example.com.
All access prices for events that occur in the United States are stated in U.S. Dollars.
2. Payment Methods
We accept several methods of payment to accommodate your needs, including (among others) American Express, Visa and MasterCard which will be processed through our payment partner Stripe®.
3. Who You Are Buying From
When you purchase access for an event that is located in the United States, Stripe® will be handling the transaction and collecting payment on behalf of Soho House.
4. Pricing and Availability
Access pricing may vary based on access tier, event date and event type. Access for popular events may sell out quickly. Occasionally, additional access passes may be available prior to the event. However, we cannot guarantee this inventory or its availability.
5. Order Confirmation and Processing
Your order is confirmed when we send you a confirmation, in the form of a confirmation page or email (“Order Confirmation”).
If you do not receive an Order Confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
6. Service Fees, Order Processing Fees, Taxes, and Shipping Charges
Access purchased on our Site are typically subject to, among other possible fees, a per access service fee and a per order processing fee. In some instances, you may be able to purchase access without paying our service fee. We collect tax as required by state and local laws. We may display the tax separately or include it in the total service fee amount. In many cases, you may need to pay a shipping or delivery fee. Any shipping or delivery charges are calculated based on delivery location and shipping method. Please note that the delivery fee, as well as the order processing fee, may not reflect the actual cost to deliver or process your order, and in some cases, these fees may include a profit to Soho House.
7. Number of Access Passes or “Access Limits”
When purchasing access on our Site, you are limited to a specified number of access passes for each event (also known as a “access limit”). This access limit is posted during the purchase process and verified with every transaction. This policy is in effect to discourage unfair access buying practices and enforce access and membership rules. Each account must be linked to a unique individual access and must contain valid and verifiable information. Multiple accounts may not be used to circumvent or exceed published access limits. If you exceed or attempt to exceed the posted access limits, we reserve the right to cancel, without notice, any or all orders and access, in addition to prohibiting your access purchasing abilities. Any access canceled due to violating the posted access limit may be refunded at face value (excluding fees). This includes orders associated with the same access account, name, e-mail address, billing address, credit card number, or other information.
8. Opening Acts / Festival Acts
Opening acts, guests, or undercards (each an “Opening Act”) may sometimes perform with headlining performers. We are not always made aware of Opening Acts or the length of their performances. Opening Acts, as well as festival performers, are subject to change or cancelation at any time without notice. No refund will be owed if an Opening Act or festival performer is changed or canceled.
9. Canceled, Postponed, Rescheduled, and Moved Events
Occasionally, events are canceled, postponed, rescheduled to a different date or materially different time, or moved to a different venue:
If the event is canceled: no action is required to obtain a refund; we will issue a refund to the original method of payment used at time of purchase.
If the event is postponed, rescheduled, or moved: your access is still valid, and no further action is required. However, we may approve refunds, or the option to choose between a refund or a credit, for the event; any refund and/or credit policies are determined on an event-by-event basis by Soho House, and may be subject to limitations. Alternatively, you may simply keep your acess to the postponed, rescheduled, or moved event.
If your event is canceled, postponed, rescheduled, or moved, we will attempt to contact you to update you on the status of the event, and inform you of any refund, credit, or exchange procedures. For exact instructions on any particular canceled, postponed, rescheduled, or moved event, please check the event information online or contact us.
We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled, postponed, rescheduled, or moved event.
10. Refunds, Credits, and Exchanges
All sales are final, non-transferable, and refunds are only allowed in limited circumstances, as explained in this section and the Canceled, Postponed, Rescheduled and Moved Events section above. Before purchasing access, carefully review your event and tier selection. Policies set forth prohibit us from issuing exchanges or refunds after access has been purchased, or for lost, stolen, damaged, or destroyed access. Access therefore cannot be replaced if they are lost, stolen, or damaged.
Refunds. If your event is eligible for refunds, we will issue a refund of the access price you paid. In no event will expedited shipping charges or any other amounts be refunded.
If a refund is issued, it will be processed to the original method of payment used at time of purchase. We cannot issue a refund to a different credit or debit card (this includes refund requests made through the self-service option). If your credit card or debit card number has changed, but is for the same account (e.g., a new card has been issued for the same account), the refund will be processed to that account.
We may occasionally offer access at a discount after the original on-sale date, and will not refund the difference between the original price and the sale price. In addition, there are no refunds, returns, or exchanges for digital downloads or hotel / festival packages.
If there is an account, or accounts, that have outstanding balances owed to Soho House, Soho House reserves the right to hold any and all refunds for said accounts until such time as no outstanding balances remain.
Credits. Soho House may provide the option to request a credit for canceled, postponed, rescheduled, or moved events; if so, we will send you a notification, and you can submit a request for credit in your account. Credits may be applied toward the purchase of eligible event access at the same venue (or, in some cases, at one of a number of venues designated by Soho House) during the timeframe specified by Soho House. Soho House will determine which future events, and venues are eligible, as well as the amount of the credit (including any potential promotional amount). The amount of the credit will always include at least 100% of the price of the original access, plus fees and taxes. Once you’ve requested to receive credit and we’ve verified your order is eligible for credit, we’ll send you a credit code which you can use for eligible purchases, along with instructions for redeeming that credit. Please note that credits typically have an expiration date and must be used before that date.
Just like with access, credits are non-transferable, may not be sold, are not redeemable for cash, and may not be combined with other promotions. Credits may not be applied to previously placed orders and may not be redeemed to purchase access for the same event as the access in your original purchase for which you accepted the credit.
Please note that, if Soho House offers you a choice of either a refund or a credit, you cannot get a partial refund; whatever selection you make (i.e., refund or credit) will apply to your entire order, and cannot be split between refund and credit. Any and all requests for a refund or credit are final and cannot be changed once initiated.
Chargebacks and Other Refund Prohibitions. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to the access you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card or other method of payment you used to purchase access from the Site. Should you do so, your access is subject to immediate cancelation, and we may, in our sole discretion, refuse to honor pending and future access purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist, and from any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
11. Account, Order, and Billing Information Verification
All information on accounts and orders must be valid and are subject to verification. Orders are subject to credit card approval, and are processed only after the billing address associated with your credit card and other billing information have been verified. Orders that are placed, or attempted to be placed, using an account with any information that is found to be false, misleading, incorrect, or incomplete, or that cannot be verified as belonging to the account holder—such as name, address, email address, phone number, IP address, or other account or billing information—are subject to cancelation, at any time. Furthermore, if your order is canceled for any of the foregoing reasons, we may sell your access to another customer without further notice.
12. Delivery Options
Different combinations of delivery methods may be offered, depending on a number of factors—including (but not limited to) the venue or country where the event is to be held, the country in which you live, whether the event is in person or virtual, how much time is left before the event starts, whether it is a holiday season, and the nature of the demand for the event. Delivery options can vary from event to event. Please carefully review the list of delivery methods offered during the purchase process. For security purposes, we can only ship orders to the billing address on file with the method of payment that is used for your purchase.
13. Pricing and Other Errors
If the amount you pay for access is incorrect (regardless of whether it is incorrect because of an error in a price posted on the Site or otherwise communicated to you), if you are able to order a access before its scheduled on-sale or presale date, or if you are able to order access that was not supposed to have been released for sale, or if you are otherwise ineligible to order access, then we will have the right to cancel that access (or the order for that access) and refund to you the amount that you paid. This will apply regardless of whether the error occurred because of human error or a transactional malfunction of the Site or other Soho House operated system. We will not be liable for travel or any other expenses that you, or anyone else, incurs in connection with errors of this nature. If a refund is processed in error, or a refund exceeds the original amount paid, we reserve the right to recharge the original method of payment used at time of purchase.
14. Multiple Browser Windows
When ordering access online with us, please ensure you are looking for access and placing an order using only one browser window. Looking up access using multiple browser windows could result in losing your access, errors occurring during the purchase process, or timer expiration.
15. Limitation of Liability
Objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during, and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the access is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us and all of our respective parents, affiliated entities, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change. Please see the Limitation of Liability section in the Terms and Conditions for additional limits on our liability.
You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Soho House—and against any companies affiliated with Soho House—relating to such risks, hazards, and dangers.
16. License; Ejection and Cancelation; No Redemption Value
You agree to comply with all of Soho House’s applicable rules, policies, terms, and conditions. Soho House reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language, or who fails to comply with rules, posted or otherwise. Breach of terms or rules will terminate your license to attend the event without refund. Access is a revocable license and admission may be refused. Access is non-transferable and not redeemable for cash.
17. Recording, Transmission and Exhibition
You agree that the event for which you purchase access is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us, our partners, licensees and assigns, including but not limited to our brand and media partners, to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf. In the case of virtual events, you may view the virtual event solely for your own personal purpose. You may not record, copy, publicly exhibit, transmit, or distribute any virtual event through any means, resell views of any virtual event, or allow others to log into your account for the purpose of watching a virtual event.
18. You Are Subject to Search
You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation: firearms, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
19. NON-TRANSFERABLE; Unlawful Resale of Access; Promotions
All access rights to Soho House events are NON-TRANSFERABLE. Unlawful resale (or attempted unlawful resale) of access, including but not limited to counterfeit or copy of access passes, is grounds for seizure and cancelation without compensation. In addition, we reserve the right to restrict or deny purchasing privileges to anyone that we determine to be, or to have been, in violation of our policies. Because we do not guarantee the authenticity of access purchased from any non-authorized third party reseller (such as brokers or individuals), we recommend that you purchase access directly through us to ensure authenticity. Access may not be used for advertising, promotions, contests, or sweepstakes, unless formal written authorization is given by us.
Last Updated March 1, 2022
1. Who are we?
This website ( "Site" ) is operated by Soho House UK Limited, a company registered in England and Wales under registration number 02864389 ( "Soho House" , "we" , "us" and/or "our" ). Our registered address is 180 Strand, London, WC2R 1EA. You can contact us as indicated under the "Contact" section below.
The business responsible for your Personal Information is the Soho House company with whom you contract as a customer, member, membership applicant or access applicant ( "Soho House" , "we" , "us" and/or "our" ).
'Personal Information' as used in this Policy means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or, if required by applicable law, a household. All other capitalized but undefined terms shall have the meanings assigned to them in applicable laws.
By using our Site or submitting your Personal Information you are taken to accept the terms of this Policy, so please read these documents carefully. If you do not agree to this Policy, please do not access the Site or otherwise submit Personal Information to us.
3. Personal information collection, use, and disclosure
The following describes (1) the categories and sources of Personal Information we collect, (2) examples of the types of information that fall within each category of Personal Information collected, (3) how we use each category of Personal Information, and (4) how we disclose Personal Information.
Categories and Sources of Personal Information
We collect this type of information from:
You, such as when you sign up for our newsletter, request informational material, create an account, make a purchase, or contact customer service.
Third-party services, such as online restaurant-reservation or travel-fare aggregator websites, when you make a reservation through the third party.
Other third-party partners, such as brands with which we are collaborating or co-hosting events.
We also collect information regarding Soho House events, attendance, membership and access which we require for the purposes of completing your membership or access purchase and attendance at the event.
We also collect information about your debit/credit card and bank account information provided by you to our payment service providers: 3C, Elavon, Stripe and Fiserv. We require this information for the purposes of completing your purchases with Soho House.
Representative Data Elements
Data elements in this category include name, address, email address; business address and phone number; gender, and date of birth.
We may also collect Contact Information for related persons, such as your family members, guests, or authorised users of your account.
We may arrange that card or payment data you submit in support of access purchase, a membership application, subscription fee, membership purchase and/or F&B purchase at any of our operations is stored for the purpose of processing your application, initiating your membership and/or access and collecting your subscription fees if your initial application is successful. If you are put on to a membership and/or access waiting list, please note that this data may be stored for later use to initiate your membership and/or access and subscription.
Purpose for Collecting, Using, and Sharing the Personal Information
We use Contact Information to identify you and communicate with you, including:
To process your membership and/or access application or request;
To process fee subscriptions;
To complete your membership and/or access purchase for Soho House events, for example, to process your payment and contact you in relation to such event. Such use is necessary for the performance of the contract between you and us;
To process, confirm, and fulfil bookings at our hotels, spas, gym classes, and events;
To process your purchases through our retail Sites;
To send transactional messages (such as order confirmations and account information);
To send you surveys, marketing communications, promotional offers, and other information you’ve requested;
To personalise our communications;
To provide customer service;
For our everyday business purposes in accordance with the law, such as for legal and other information you’ve requested;
To personalise our communications;
To provide customer service;
For our everyday business purposes in accordance with the law, such as for legal and regulatory compliance, security and fraud detection, and/or to enforce our rights.
Last updated 01 March 2022
1. Who are we?
This website ('Site') is operated by Soho House UK Limited, a company registered in England and Wales under registration number 02864389 ('Soho House', 'we', 'us' and/or 'our'). Our registered address is 180 The Strand, London, United Kingdom, WC2R 1EA. You can contact us as indicated under the 'Contact' section below.
The data controller responsible for your personal data is the Soho House company with whom you contract as a customer, member or membership applicant ('Soho House', 'we', 'us' and/or 'our') and our group data controller is Soho House Bond Limited, a company registered in Jersey under registration number 112133.
3. The personal data collect
We collect the following personal data about you:
Membership and/or Access application
The personal details you provide when submitting a membership and/or access application and when you register through the Site. This includes your name, address, email address; business address and phone number; gender and date of birth; country; a picture of yourself; information about your work and other information that you elect to provide to support your application and other information that you elect to disclose in your user profile on the Site. If you are under 27 years old, we will require you to attach to your application a copy of your passport, driving licence or birth certificate in order to allow us to verify whether you are eligible to the reduced under-27-years membership fee, pursuant to the House rules (available here). We also collect information about your debit/credit card and bank account information provided by you to our payment service providers. We require this information for the purpose of recording and processing your membership application (and administering your membership). For further details, please also refer to the section below headed 'Payment information'.
Site and Soho House Digital Channels Information and Services.
Any content you generate on our upload to the Site or generate, upload or make available such content through our Digital Channels, including preferences you set (such as choice of language), photographs and videos you upload, conversations and connections you have with other users and comments you make via our messaging services.
We also collect information regarding your use of the Site and our Digital Channels, e.g. how you engage with Site and our Digital Channels, including how you interact with content we show to you, videos you watch, how you use and interact with our Soho Connect, messaging and House Pay features, what Houses you visit. We also infer your preferences, including your interests for the purpose of personalising content. We will also process your personal data in order to tell you about our existing Soho House family services and opportunities and any new Soho House family services and opportunities.
We may also use GPS technology to determine your current location. Some of Our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can enable or disable location services when you use our Site or Digital Channels at any time through your mobile device settings
Capacity planning and tracing information
We also collect information regarding your visits to our Soho Houses, restaurants, spas, Soho Works and gyms for capacity planning purposes and to comply with government guidelines, regulations and mandates.
We also collect information regarding Soho House events, attendance, access and membership which we require for the purposes of completing your membership and/or access purchase and attendance at the event.
We also collect information about your debit/credit card and bank account information provided by you to our payment service providers: 3C, Elavon, Stripe and Fiserv. We require this information for the purposes of completing your purchases with Soho House.
Personal details you choose to give when corresponding with us by phone or email; participating in user/customer/member surveys, or otherwise visiting and interacting with this Site or any other websites we operate; and personal data that you provide to us when you visit one of our clubs or other premises. We can also combine personal data that you provide to us with other information we collect about you when you make a reservation through third-party services, such as online restaurant-reservation or travel-fare aggregator websites necessary to process your requests.
4. Automatically collected personal data
When you visit our Site, our servers record information ('log data'), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol ('IP') address (from which we understand the country you are connecting from at the time you visit the Site), browser type and settings, the date and time of your request.
5. How we use your personal data
We use your personal data in the following ways:
To acknowledge, confirm and deal with your membership application or access purchase (and where necessary put you on our waiting list). Such use of your data is necessary in order to implement your request to become a member and/or gain access.
Where you are a member, we use it to provide you with membership services, access, administer your membership account and contact you regarding your use of the services. Such use is necessary to respond to, or implement, your request, and for the performance of the contract between you and us.
To complete and fulfil your reservation and stay, for example, to process your payment, ensure that your room is available, and provide you with related customer service, including sending confirmations or pre-arrival messages, assist you with meetings, events or celebrations. Such use is necessary for the performance of the contract between you and us.
To complete your membership and/or access purchase for Soho House events, for example, to process your payment and contact you in relation to such event. Such use is necessary for the performance of the contract between you and us.
To contact you in connection with user/customer/member surveys, and use any information you choose to submit in response (provided that you gave us your consent to being contacted in this way at the time you provided us with the personal data).
To personalise the content you receive and provide you with tailored content that will be of interest to you
To communicate with you about your visit to our Site and Digital Channels, Soho Houses, spas, restaurants, gyms and Soho Works sites.
To notify you about changes to our service, provide you with user support and enforce our terms, conditions and policies.
Soho House and the Soho House family may provide you, or permit selected third-party service providers to provide you, with information about goods or services, events and other promotions we feel may interest you as a member or membership applicant. We (or such third-party providers) will contact you by email only with your consent, which was given at the time you provided us with the personal data.
In order to comply with our legal obligations, we use your data to help us detect abuse, fraud and illegal activity on the Site.
As necessary for certain legitimate business interests, which include the following:
• Where we are asked to deal with any enquiries or complaints you make.
• To administer our Site, to better understand how visitors interact with our websites and ensure that our Site is presented in the most effective manner for you and for your computer/device.
• To conduct analytics to inform our marketing strategy and that of our the Soho House family, and enable us and the Soho House family to enhance and personalise the experience we offer to our members, customers and our communications. This includes creating customer or member profiles to enable personalised direct marketing communications.
• To enable our Soho Connect and messenger service to function if you choose to use this function.
• To improve, promote and develop the Site and promote popular conversations, programs and campaigns on the Site.
• To enable you to socialise on our Site, for example, through Soho Connect and our messenging platform and by allowing other members to identify you via your shared interests if you consent to this through our Site preferences.
• To provide postal communications which we think will be of interest to you.
• If you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing.
• To share personal data among the Soho House family for administrative purposes; for providing membership services or access; and in relation to our sales and marketing activities.
• We may anonymise, aggregate and de-identify the data that we collect and use such anonymised, aggregated and de-identified data for our own internal business purposes, including sharing it with our current and prospective members, business partners, the Soho House family, agents and other third parties for commercial, statistical and market research purposes, for example to allow those parties to analyse patterns among groups of people, and conducting research on demographics, interests and behaviour.
• For internal business/technical operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of our efforts to keep our Site, network and information systems secure.
• To contact you in case you may have been in contact with a person who has or is displaying symptoms of COVID-19 and to comply with government guidelines, regulations and mandates.
• To (a) comply with legal obligations, (b) respond to requests from competent authorities; (c) enforce our House rules; (d) protect our operations or those of any of the Soho House family; (e) protect our rights, safety or property, and/or that of the Soho House family, you or others; and (f) enforcing or defending legal rights, or preventing damage.
We may use your personal data for other purposes, which you consented to at the time of providing your data including but not limited to provide you with location-based services (where those services are available in your jurisdiction and you choose to share your precise location with us).
6. Disclosure of your information
We share your personal data with third parties in the following situations:
Service providers: Soho House, like many businesses, sometimes hires selected third parties who act on its behalf to support its operations, such as (i) card processing or payment services (see the section below headed 'Payment Information'); (ii) credit reference agencies to protect against possible fraud; (iii) IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and enable us to provide membership or access services and other goods/services available on this Site or to members; (iv) web analytics providers; (v) providers of digital advertising services; and (vi) providers of CRM, marketing and sales software solutions. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.
Soho House Family: We operate on a global scale. In order to provide the services you request from us, the Soho House family may access and process the information that we collect from you for the purposes described above, including to offer products and services to you. The Soho House family will only use your data for the purposes for which we originally collected it.
Business transfers: if we sell our business or our company assets are acquired by a third party, personal data held by us about our members, membership applicants or access customers may be one of the transferred assets.
Administrative and legal reasons: if we need to disclose your personal data (i) to comply with a legal obligation and/or judicial or regulatory proceedings, a court order or other legal process requirements from public health organisations, local councils and governmental, federal and state authorities. (ii) to enforce our Terms & Conditions, House rules or other applicable contract terms that you are subject to or (iii) to protect us, our members, membership applicants, access purchasers or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations.
7. Payment information
Any credit/debit card payments and other payments you make through our Site will be processed by our third-party payment providers: 3C, Elavon, Stripe and Fiserv. payment data you submit will be securely stored and encrypted by our payment service providers using up to date industry standards. Please note that aside from card information tokenisation we do not directly process or store the debit/credit card data that you submit ourselves.
We may arrange that card or payment data you submit in support of a membership application, subscription fee, membership purchase, access purchase and/or F&B purchase at any of our operations is stored for the purpose of processing your application, initiating your membership or access and collecting your subscription fees if your initial application is successful. If you are put on to a membership waiting list or access waiting list, please note that this data may be stored for later use to initiate your membership and subscription or access.
We store and use this card or payment information for the purpose of processing any future payments that you make as a member for additional goods and services. We will store this data in accordance with our legal obligations under applicable law, and only for so long as legally permitted.
You may choose to opt out of us holding your card or payment data, although this means that you will need to re-supply us with card/payment details to initiate your membership subscription fee, or for the purpose of making any future purchases or access purchase.
8. Personal data transfers
Your personal data will be transferred to, and stored in, countries other than the country in which the information was originally collected, including the United States and other destinations outside the European Economic Area ('EEA'), to our service providers and the Soho House family for the purposes described above.
Please note that the countries concerned may not provide the same legal standards for protection of your personal data that you have in the United Kingdom or EEA. Where we transfer your personal data to countries outside of the EEA, we will take all steps to ensure that your personal data will continue to be protected. We will implement appropriate safeguards for the transfer of personal data to our service providers in accordance with the applicable law, such as relying on our service or implementing standard contractual clauses for data transfers. We have implemented data transfer agreements pursuant to applicable data protection law in order to implement appropriate safeguards for the transfer of personal data to Soho House group companies in countries outside the EEA. If you would like to receive more information on the safeguards that we implement, including copies of relevant data transfer contracts, please contact us as indicated below.
Where we have given you (or where you have chosen) a password or login that enables you to access certain restricted parts of our Site, you are responsible for doing everything you reasonably can to keep these details secret. You must not share your password or login details with anyone else.
Unfortunately, the transmission of information over the internet or public communications networks can never be completely secure. We will take appropriate technical and organisational security measures to protect the personal data that you submit to us against unauthorised/unlawful access or loss, destruction or damage, although we cannot 100 per cent guarantee the security of personal data that you provide to us online.
10. Personal data retention
To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the purposes for which we process your personal data, applicable legal requirements or operational retention needs, and whether we can achieve those purposes through other means.
Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations. In some circumstances we may anonymise your personal data so that it can no longer be associated with you, in which case it is no longer personal data.
11. Your personal data protection rights
Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:
Right of access: If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details such as the purpose of the data processing. If you require additional copies, we may need to charge a reasonable fee.
Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
Right to restrict processing: You may ask us to restrict or 'block' the processing of your personal data in certain circumstances, such as where you contest the accuracy of the personal data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your personal data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.
Right to data portability: You have the right to obtain your personal data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will provide you with your personal data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
Right to object: You may ask us at any time to stop processing your personal data, and we will do so if:
• We are relying on a legitimate interest to process your personal data — unless we demonstrate compelling legitimate grounds for the processing.
• We are processing your personal data for direct marketing.
Right to withdraw consent: If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.
Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to UK data protection authority, the Information Commissioner's Office (ICO), or, as the case may be, any other competent data protection authority of an EU member state that is authorised to hear those concerns. (You may find EU Data Protection Authorities' contact information at https://edpb.europa.eu/about-edpb/board/members_en