Membership Agreement

IMPORTANT—PLEASE READ CAREFULLY

This Agreement contains an assumption of risk, release of liability, limitation of liability, indemnification obligation, automatic-renewal terms, and other provisions affecting legal rights.

By selecting “I Agree,” purchasing a membership, or using member services, the individual identified through the applicable Peak account (“Member”) agrees to this Membership Agreement (“Agreement”) with Peak Inc., doing business as Peak Social (“Peak”).

Peak is a private social community that facilitates access to member programming and experiences. Membership is a personal, revocable privilege and is subject to this Agreement, the Privacy Policy, Community Standards, and applicable event-specific rules.

1. Eligibility, Application, and Membership Status

1.1 Eligibility. Membership and participation are limited to individuals who are at least twenty-one (21) years old. Member represents that all application and account information is complete, current, and accurate.

1.2 Discretionary admission. Peak may approve or decline an application in its discretion, subject to applicable law. Acceptance of an application does not create a right to continued membership.

1.3 Personal privilege only. Membership is personal, revocable, and nontransferable. It does not create any ownership, voting, profit-sharing, employment, partnership, joint venture, fiduciary, or agency relationship with Peak.

1.4 No sharing. Member may not share an account, credentials, invitation, reservation, or member-only information with another person. Member is responsible for activity occurring through Member’s account and must promptly report suspected unauthorized access.

2. Membership Benefits and Availability

2.1 Included access. Dues provide access to the Peak community, member app, member communications, and the opportunity to request or book eligible experiences and benefits offered during the membership term.

2.2 Separate event charges. Unless Peak expressly states otherwise, membership dues do not include event tickets, food, beverages, lodging, transportation, rentals, supplies, or other event-specific charges.

2.3 No guaranteed admission or outcome. Events may have limited capacity, eligibility conditions, waitlists, or additional charges. Membership does not guarantee access to any specific event, minimum event frequency, friendship, business opportunity, romantic connection, or other social or professional outcome.

2.4 Program changes. Peak may modify benefits, app features, event frequency, locations, schedules, and operating practices as the community evolves. Peak will provide advance notice before materially reducing the core membership offering when reasonably possible.

3. Pricing, Billing, and Automatic Renewal

3.1 Current pricing. A Member’s initial tier is determined by the order in which completed membership applications are received. Applicants 1–100 who are approved receive the Founding Member rate when their paid membership is activated. Taxes and separately priced event charges are additional where applicable.

3.2 Authorization. Member authorizes Peak and its payment processor to charge the payment method on file for dues, taxes, event purchases, guest charges, damage charges properly assessed under this Agreement, and other amounts Member affirmatively authorizes.

3.3 Automatic renewal. Monthly memberships automatically renew monthly; six-month memberships automatically renew for successive six-month terms; and annual memberships automatically renew for successive annual terms, unless canceled before the applicable renewal charge. Peak will provide renewal disclosures and reminders as required by applicable law.

3.4 Failed payments. If a payment fails, Peak may automatically pause membership access and benefits until all past-due amounts are paid. Peak may retry the payment method and request an updated payment method. A payment-related pause does not waive amounts already due.

3.5 Pricing changes and grandfathering. Peak may change pricing for future memberships. A Member retains the dues rate applicable when membership began for as long as membership remains continuous and in good standing, including during an approved pause. Grandfathered status ends if the Member cancels, is terminated, or must reapply. Taxes, event charges, and optional add-ons are not grandfathered unless Peak states otherwise.

4. Cancellation and Membership Refunds

4.1 How to cancel. Member may cancel through the cancellation function in the Peak app or by contacting members@peaksocialco.com. Peak will provide prompt electronic confirmation. Cancellation may be submitted at any time and prevents the next renewal charge.

4.2 Monthly plans. A monthly Member retains access through the end of the paid billing period. Except for the initial grace period or as required by law, partial-month refunds are not provided.

4.3 Prepaid plans. Six-month and annual payments are paid in advance and are generally nonrefundable. After cancellation, access continues through the prepaid term and the plan will not renew.

4.4 Initial grace period. Peak will refund the initial membership purchase when requested within seventy-two (72) hours after purchase, provided the Member has not attended or booked an event.

4.5 Hardship exceptions. Peak may, but is not required to, grant a prorated refund for documented medical circumstances, relocation outside Peak’s service area, or another serious hardship. Peak will apply this discretion in good faith.

4.6 Termination by Peak. If Peak ends membership for reasons not arising from Member misconduct or breach, Peak will refund the unused portion of prepaid membership dues. If Peak terminates for serious misconduct or material breach, amounts already paid are nonrefundable to the extent permitted by law.

5. Membership Pauses

5.1 Allowance. A Member in good standing may pause membership for up to ninety (90) total calendar days per calendar year. The days may be divided among multiple pauses.

5.2 Notice and duration. Each pause requires at least seven (7) days’ advance notice and must last at least seven (7) consecutive days, except that Peak may waive advance notice for an emergency.

5.3 Effect. During a pause, billing is stopped where operationally applicable and member access, event-booking privileges, and benefits are disabled. The billing date or prepaid expiration date will move forward by the number of approved paused days. An approved pause preserves the grandfathered dues rate.

5.4 Existing reservations. A pause does not cancel or refund a separately purchased event. Existing reservations remain governed by the event cancellation terms.

6. Event Reservations, Cancellations, and Changes

6.1 Reservations. Event availability is limited and reservations are personal. Reservations may not be transferred or resold without Peak’s prior written approval.

6.2 Member cancellation. A Member who cancels at least seventy-two (72) hours before an event is eligible for a refund of the amount paid for that event. A cancellation made less than seventy-two (72) hours before the event is nonrefundable, even if Peak fills the seat from a waitlist, except where applicable law requires otherwise or Peak expressly grants an exception.

6.3 Event viability. If a Member’s cancellation causes an event to be canceled or become financially or operationally unviable, the canceling Member is not entitled to an event refund. Peak will refund affected attendees as provided in Section 6.4.

6.4 Peak cancellation or material rescheduling. If Peak cancels or materially reschedules an event, Peak will refund the amount paid directly to Peak for that event. Peak is not responsible for incidental or consequential expenses, including transportation, lodging, rentals, equipment, or time away from work.

6.5 Force majeure. Peak may cancel, postpone, relocate, or modify an event because of weather, wildfire, public-health conditions, venue action, transportation disruption, governmental order, safety concern, labor disruption, vendor failure, or another circumstance beyond Peak’s reasonable control. Peak will determine the appropriate event credit, refund, or rescheduling option consistent with applicable law and amounts recoverable from third-party providers.

7. Guests

7.1 Permission and age. Guests are permitted only when an event expressly allows them, and every guest must be at least twenty-one (21) years old.

7.2 Member responsibility. The inviting Member is responsible for the guest’s conduct, compliance with this Agreement, Community Standards, venue rules, and staff instructions, and all guest-related charges. A guest is not required to sign a separate waiver as a condition of attendance unless Peak gives event-specific notice otherwise.

7.3 Removal. Peak may deny entry to or remove a guest. The Member may be held responsible for damage, loss, charges, or third-party claims caused by the guest.

8. Community Standards and Zero-Tolerance Conduct

8.1 Core rule. Members and guests must treat others with dignity, respect boundaries and consent, comply with law, and follow reasonable safety, venue, host, and staff instructions.

8.2 Immediate dismissal. Peak has zero tolerance for harassment; discrimination; sexual misconduct; stalking; threats; violence; retaliation; intentional intimidation; dangerous conduct; serious privacy violations; illegal activity; or other conduct that places a person, property, the community, or Peak at material risk. Peak may immediately remove the person from an event and terminate membership without warning.

8.3 Intoxication and controlled substances. Peak may refuse service, deny entry, or remove a Member or guest because of intoxication, illegal drug use, unsafe behavior, or failure to follow staff or venue instructions. No event refund is owed when removal results from that person’s conduct.

8.4 Administrative issues. Failed payments result in a membership pause as described in Section 3.4. Less serious rule violations or app misuse may result in a warning, restriction, or suspension rather than immediate termination, as Peak reasonably determines.

9. No-Shows and Membership Review

9.1 No-show definition. A “No-Show” occurs when a Member reserves an event, does not attend, does not cancel beforehand, and does not afterward provide Peak with a reasonable explanation. A timely cancellation does not count as a No-Show.

9.2 Three No-Shows. After three No-Shows, the membership will be reviewed. Peak will give the Member an opportunity to explain the circumstances and may issue a warning, restrict event booking, suspend membership, or terminate membership based on the circumstances and effect on the community.

10. Member Privacy, Communications, and App Use

10.1 Respect for member information. Member may not disclose another member’s nonpublic information, screenshots, messages, photos, contact details, event location details, or other member-only content outside Peak without that person’s permission, except where disclosure is reasonably necessary to report safety concerns or comply with law.

10.2 Platform conduct. Member may not impersonate another person, scrape or harvest information, access another account, introduce malicious code, interfere with app operation, use Peak for spam or unauthorized solicitation, or use member data for commercial purposes without Peak’s and the affected member’s permission.

10.3 Essential communications. Member consents to essential membership communications by email, text message, and app or push notification, including billing, safety, schedule, account, legal, and service notices. Consent to promotional marketing is not required for membership, and Member may opt out of promotional communications using the stated method.

10.4 Privacy Policy. Peak’s collection, use, retention, and disclosure of personal information are governed by the Privacy Policy, incorporated by reference.

11. Photography and Publicity

11.1 Permission. Unless Member opts out in writing, Member grants Peak a worldwide, royalty-free, nonexclusive right to photograph, record, reproduce, edit, publish, and use Member’s image, likeness, voice, and appearance captured at Peak events for Peak’s website, app, social media, advertising, and promotional materials, without further compensation.

11.2 Opt-out. Member may opt out by contacting members@peaksocialco.com. Peak will use reasonable efforts to avoid intentionally featuring an opted-out Member in future promotional content, but cannot guarantee exclusion from incidental background capture at public or crowded events. An opt-out does not require removal of materials lawfully published before Peak processed the request, though Peak may consider reasonable removal requests.

12. Food, Alcohol, Health, and Emergency Assistance

12.1 Dietary disclosures. Member is responsible for accurately and promptly reporting allergies and dietary restrictions and for confirming available accommodations. Peak, restaurants, caterers, and venues cannot guarantee an allergen-free environment or prevent cross-contact.

12.2 Personal fitness and health. Member is responsible for determining whether Member is physically and medically able to participate, obtaining appropriate medical advice, using required safety equipment, and declining any activity that exceeds Member’s capabilities.

12.3 Alcohol. Member and guests must drink responsibly, comply with applicable law and venue rules, and never drive while impaired. Peak does not guarantee alcohol availability and may limit service or participation for safety reasons.

12.4 Emergency services. Member authorizes Peak to contact emergency services when Peak reasonably believes assistance may be necessary for Member or Member’s guest. The individual receiving services is responsible for medical, ambulance, rescue, transportation, and related costs.

13. Transportation and Third-Party Providers

13.1 Transportation responsibility. Unless Peak expressly states otherwise, Member is responsible for arranging safe transportation to and from events. Peak is not a common carrier and is not responsible for personal vehicles, carpools, rideshares, public transit, or independent transportation providers.

13.2 Independent providers. Venues, restaurants, guides, instructors, lodging operators, transportation providers, rental companies, and other vendors may be independent third parties not controlled by Peak. Their separate terms, waivers, policies, and charges may apply.

13.3 Personal property. Member is responsible for personal belongings. Peak is not responsible for theft, loss, or damage except to the extent caused by Peak’s conduct for which liability cannot lawfully be disclaimed.

14. Assumption of Risk and Release

14.1 Acknowledgment of risks. Member understands that Peak activities may include alcohol service, dining, sports, fitness, recreation, outdoor activities, hiking, camping, overnight travel, weather exposure, transportation, crowds, uneven terrain, wildlife, equipment, and interaction with other persons. Risks may include illness, allergic reaction, foodborne illness, collision, falls, bodily injury, property damage, emotional distress, disability, or death.

14.2 Voluntary assumption. Member voluntarily chooses to participate and knowingly assumes inherent and reasonably foreseeable risks of participation, including risks arising from ordinary negligence, to the fullest extent permitted by Colorado law.

14.3 Release. To the fullest extent permitted by law, Member releases Peak Inc., Peak Social, and their respective directors, officers, owners, employees, contractors, volunteers, hosts, agents, successors, and assigns (“Released Parties”) from claims arising from inherent risks of participation or the ordinary negligence of a Released Party.

14.4 Exclusions. Nothing in this Agreement releases or limits liability for gross negligence, reckless or willful misconduct, intentional wrongdoing, or any liability that applicable law does not permit to be waived.

15. Limitation of Liability

15.1 Excluded damages. To the fullest extent permitted by law, Peak and the Released Parties will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, opportunities, data, goodwill, or anticipated benefits, arising from membership, the app, an event, or another member’s independent conduct.

15.2 Aggregate cap. To the fullest extent permitted by law, the aggregate liability of Peak and the Released Parties for all claims arising during any twelve-month period will not exceed the membership dues and event fees Member paid directly to Peak during the twelve (12) months preceding the event giving rise to the claim.

15.3 Nonwaivable rights. These limitations do not apply where or to the extent prohibited by applicable law.

16. Member Indemnification

Member will defend, indemnify, and hold harmless Peak and the Released Parties from third-party claims, damages, judgments, fines, penalties, and reasonable costs, including reasonable attorneys’ fees, to the extent caused by Member’s or Member’s guest’s unlawful conduct, violation of this Agreement or incorporated rules, property damage, or infringement of another person’s rights. This obligation does not apply to the extent a claim was caused by Peak’s gross negligence, reckless conduct, or intentional misconduct.

17. Suspension and Termination

17.1 Peak remedies. In addition to immediate dismissal for serious misconduct, Peak may warn, restrict, suspend, or terminate membership for a material breach, repeated rule violations, misuse of services, or failure to cure an administrative issue after reasonable notice.

17.2 Effect. Upon termination, Member must stop using member services and may lose access to member content, reservations, and communications. Provisions that by their nature should survive—including payment obligations, privacy duties, releases, limitations, indemnification, and dispute terms—will survive.

17.3 No responsibility for independent conduct. Peak does not control and is not responsible for members’ or guests’ independent actions, statements, relationships, transactions, or conduct outside Peak’s direction. Members should exercise judgment and report safety concerns promptly.

18. Dispute Resolution and Governing Law

18.1 Informal resolution. Before filing a lawsuit, the complaining party must send a written description of the dispute and requested resolution to the other party and allow thirty (30) days for good-faith informal resolution. Notices to Peak must be sent to members@peaksocialco.com. This requirement does not prevent a party from seeking urgent temporary or injunctive relief when necessary to prevent immediate harm.

18.2 Courts and law. Colorado law governs this Agreement without regard to conflict-of-laws principles. Subject to applicable consumer-protection and venue laws, any court proceeding must be brought in a state or federal court located in Denver County, Colorado. Either party may bring an eligible claim in small-claims court.

19. Changes to Agreement and Incorporated Policies

19.1 Incorporated materials. Peak’s Privacy Policy, Community Standards, and event-specific rules are incorporated into this Agreement. If an event rule conflicts with this Agreement, the event rule controls only for that event and only to the extent of the conflict.

19.2 Updates. Peak may update this Agreement or incorporated policies. Peak will provide at least thirty (30) days’ advance electronic notice when reasonably possible. Material changes will require renewed in-app acceptance before continued use. Changes required by law, necessary for safety, or addressing abuse may take effect sooner with notice.

20. Electronic Consent and Records

20.1 Electronic signature. By selecting “I Agree,” Member intends to sign this Agreement electronically and agrees that the electronic acceptance has the same legal effect as a handwritten signature.

20.2 Recordkeeping. Peak may record Member’s account identifier, acceptance date and time, Agreement version, device or technical verification data, and related records. Member may request a copy by contacting members@peaksocialco.com.

20.3 Electronic notices. Member agrees to receive agreements, disclosures, renewal reminders, confirmations, and legal notices electronically. Member must maintain a current email address and phone number in the account.

21. General Terms

21.1 Entire agreement. This Agreement and the incorporated policies constitute the entire agreement concerning membership and replace prior or contemporaneous statements on the same subject, except for a written event-specific agreement or promotion expressly stated to supplement this Agreement.

21.2 Severability and reformation. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective.

21.3 No waiver. A delay or failure to enforce a provision is not a waiver. A waiver is effective only for the specific instance stated in writing.

21.4 Assignment. Member may not assign this Agreement. Peak may assign it in connection with a merger, reorganization, financing, sale of assets, or transfer of the Peak business, subject to applicable law.

21.5 Headings and interpretation. Headings are for convenience. “Including” means “including without limitation.” Electronic and written forms are equivalent where permitted by law.

21.6 Contact. Membership questions, cancellations, privacy requests, notices, and requests for copies may be sent to members@peaksocialco.com.

MEMBER ACKNOWLEDGMENT

By selecting “I Agree,” Member confirms that Member is at least 21 years old; has read and understands this Agreement; agrees to automatic renewal and the cancellation terms; voluntarily accepts the risk and release provisions; and agrees to be bound by this Agreement and incorporated policies.

Effective date | The date the member accepts this Agreement

Governing law | Colorado

Member contact | members@peaksocialco.com

Membership tier | Monthly | 6 months / (1 month free) | 12 months / (2 months free)

Founding Members 1–100 | $59 | $295 | $590

Members 101–300 | $69 | $345 | $690

Members 301+ | $79 | $395 | $790

Member name | Recorded through member account

Electronic signature | “I Agree” acceptance

Acceptance date/time | Recorded electronically

Agreement version | Recorded electronically