Throwback Dating Membership Agreement
Welcome to Throwback Dating
Throwback Dating LLC (the “Company”) offers a curated membership experience designed to bring back a more intentional, human approach to dating through in-person events, introductions, and community engagement.
Membership is offered on a curated, invitation-only basis to individuals who have completed the Company’s application and interview process and have been approved as “Confirmed Clients” (each, a “Member”). This Agreement applies to all membership tiers offered by the Company (each, a "Tier"), regardless of name or designation. Information regarding membership offerings, pricing, and benefits for each Tier is available at www.throwbackdating.com and may be updated from time to time.
As part of the membership experience, the Company facilitates opportunities for Members to meet and connect. While the Company helps create these opportunities, each Member is responsible for their own interactions, decisions, and experiences.
Membership includes recurring billing and renews automatically unless canceled in accordance with this Agreement. The Company also uses limited personal information to administer membership and facilitate introductions, as described below. By enrolling in the membership, at any Tier, you agree to the terms of this Agreement.
I. Eligibility and Membership Approval
To become a Confirmed Client, an individual must complete the Company’s application process and participate in an interview. The Company retains sole discretion to approve or decline any applicant, and to determine the Tier for which an applicant is approved.
II. Membership Term and Billing
This Section II applies only if Member's current Tier includes a membership fee. If Member's current Tier does not include a fee, this Section II does not apply, but will apply automatically if Member upgrades to a fee-based Tier. Membership fees, billing frequency, and applicable pricing are as presented to the Member at the time of enrollment, including on the Company’s website (www.throwbackdating.com) or through the enrollment process, which are hereby incorporated into this Agreement by reference. In the event of any inconsistency between this Agreement and information presented on the Company’s website or during enrollment, the terms presented at the time of enrollment shall control. If the Company changes the fee applicable to Member's current Tier, the Company will provide notice of the new fee before it takes effect on the next renewal, in accordance with applicable law. Continued membership after that notice constitutes acceptance of the new fee.
Members may cancel by providing written notice to the Company or through any available account or billing management tools provided by the Company. Membership will automatically renew at the end of each billing cycle unless canceled in accordance with this Agreement. By enrolling, the Member authorizes the Company to charge the payment method on file for all applicable membership fees and renewals. Membership fees are non-refundable except as required by law.
Member agrees to first contact the Company in good faith to resolve any billing dispute before contacting Member's card issuer or bank. If the Company determines that a chargeback was initiated for fees related to membership benefits or services that were provided as agreed, the Company may treat the chargeback as a breach of this Agreement, suspend or terminate membership without refund, and pursue collection of the disputed amount plus the reasonable cost of collection, including attorneys' fees. This section does not limit Member's rights under applicable law to dispute unauthorized or erroneous charges with Member's card issuer.
Membership may be canceled by providing written notice prior to the next billing date. Cancellation will take effect at the end of the current billing cycle. The Company may suspend or terminate membership at its discretion if a Member violates community standards, including the Company's Community Guidelines & Privacy Policy, as may be updated by the Company from time to time, or engages in behavior inconsistent with the purpose of the community. The parties agree to attempt to resolve disputes informally prior to pursuing legal action.
III. Founding Membership
“Founding Membership” is a limited, early-access designation offered by the Company, where applicable. Founding Members are eligible for the pricing and benefits described at the time of enrollment, including any applicable locked-in rates, provided that membership remains active and uninterrupted.
IV. Legacy Membership
“Legacy Membership” is a designation offered by the Company, where applicable. Legacy Members are eligible for the pricing and benefits presented at the time of enrollment, which may be maintained for so long as membership remains active and uninterrupted, as applicable.
V. Introductions and Matchmaking
The Company may facilitate introductions between Members following events or through other matchmaking efforts. Any such introductions will only be made with the prior consent of both Members, regardless of Tier.
The Company does not guarantee compatibility, outcomes, or the success of any introduction.
VI. Data Sharing
In connection with events and introductions, the Company may share limited information about Members with other Members, including first name, last initial, profile photo, and selected profile details.
Additional information is shared only at the Member’s discretion or with the Member’s consent.
VII. Photograph and Media Release
Member expressly consents to the Company's use of photographs, video, or likeness of Member taken at Company events for the Company's marketing and promotional purposes. This consent is separate from, and in addition to, the profile-photo sharing described in Section VI.
VIII. No Reliance on Website/Marketing
Members acknowledge that any descriptions of the membership experience, events, or outcomes on the Company’s website or in marketing materials are illustrative in nature and do not constitute guarantees, warranties, or promises of specific results, regardless of Tier.
IX. Safety and Membership Responsibility
The Company conducts a screening process as part of its membership approval procedures for all Tiers; however, the Company does not perform comprehensive or uniform background checks on all Members.
The Company does not guarantee the accuracy of information provided by Members or the conduct of any Member. Members are solely responsible for their interactions with others, both during and outside of Company events and activities.
X. Assumption of Risk and Release of Liability – Please Read Carefully
The Member understands and acknowledges that, regardless of the Member’s Tier, participation in Company events, activities, and interactions with other Members involves inherent risks, including but not limited to the risk of personal injury, illness, emotional distress, property damage, and interactions with other individuals whose conduct cannot be predicted or controlled. This release does not apply to, and does not waive, any claim arising from the Company's gross negligence, willful misconduct, or intentional wrongdoing. The Member voluntarily assumes all such risks, whether known or unknown, associated with participation in Company events and interactions with other Members, both during and outside of Company-sponsored activities.
To the fullest extent permitted by law, the Member hereby releases, waives, and discharges the Company, its officers, managers, employees, contractors, agents, and representatives from any and all claims, demands, damages, losses, or liabilities arising out of or related to the Member’s participation in Company events, activities, or interactions with other Members, including any claims based on negligence of the Company.
The Member understands and agrees that the Company does not conduct comprehensive background checks on all Members, does not verify all information provided by Members, and does not guarantee the behavior, safety, or compatibility of any individual. The Member is solely responsible for their own decisions, actions, and interactions.
XI. Indemnification
Member agrees to indemnify, defend, and hold harmless the Company, its officers, managers, employees, contractors, and agents from any claim, loss, or expense, including reasonable attorneys' fees, arising out of Member's conduct, statements, or interactions with other Members or third parties, except to the extent caused by the Company's gross negligence or willful misconduct
XII. Third-party Platforms
The Company utilizes third-party platforms and service providers, including payment processors and community platforms, to operate its services for all Tiers. Member information may be processed and stored through these providers.
XIII. Membership Freeze
Members of certain Tiers may request a temporary membership freeze of up to three (3) months by providing written notice to the Company. Any approved freeze period will extend the applicable membership term by the length of the freeze.
XIV. Member Representations
Member makes the following representations to the Company: (i) Member represents that Member is at least eighteen (18) years of age; and (ii) by entering into this Agreement, the Member represents that they are not currently in a committed relationship and/or are legally divorced, as applicable. The Member agrees to notify the Company if this status changes. A material misrepresentation of the status described in this Section XIV is grounds for immediate termination of membership, at any Tier, without refund.
XV. Limitation of Liability
To the extent any liability of the Company is not released under Section X, the Company's total liability to Member for any claim arising out of this Agreement shall not exceed the total membership fees paid by Member in the twelve (12) months preceding the claim.
XVI. Force Majeure
The Company is not liable for failure to hold, or delay in holding, any event due to causes beyond its reasonable control, including weather, venue unavailability, illness outbreak, or government order.
XVII. Amendment
The Company may amend this Agreement or the Company's Community Guidelines & Privacy Policy from time to time. Amendments are effective upon posting to the Company's website or delivery to Member, and continued membership after that date constitutes acceptance.
XVIII. Notices
Notice under this Agreement must be sent by email to Megan@throwbackdating.com or submitted through the Company's member portal, and is effective upon the Company's receipt.
XIX. Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.
XX. Governing Law; Forum
This Agreement constitutes the entire agreement between the Company and the Member with respect to Member's Tier. The Company retains sole discretion in resolving disputes and enforcing this Agreement. This Agreement shall be governed by the laws of the State of Illinois, without regard to conflict of law principles. Any action arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Cook County, Illinois, and Member consents to the personal jurisdiction of such courts. In any action arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
