Mobile Messaging Terms and Conditions 

Updated- 11/13/25

Club Esprit (“CE,” “we,” “us,” or “our”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (“Mobile Messaging Terms”).
Your participation in the Program also constitutes your agreement to our Privacy Policy and our Details of Participation.
By enrolling, signing up, or otherwise agreeing to participate in the Program, you consent to these Mobile Messaging Terms.

1. Program Description:

   We may send promotional and transactional mobile messages in various formats (SMS, MMS, RCS, or other) through the Program.
   Promotional messages advertise or promote our products and services and may include limited-time offers, specials, travel confirmations, and reminders.
   Transactional messages may include order or booking updates, appointment reminders, or other transaction-related information.

   Messages may be sent using automated technology (including autodialers or automated systems). Message frequency may vary but will not exceed 4 messages per day.
   We do not charge for messages, but message and data rates may apply from your mobile carrier. Charges are billed and payable to your mobile service provider.

2. User Opt-In Consent:
   By providing your mobile number and opting in, you authorize Club Esprit, our affiliates, and service providers to send recurring messages to that number using automated technology, even if your number is on a state or federal “Do Not Call” list.
   You represent that you are the subscriber or authorized user of the number provided and that you will promptly notify us at [email protected] if you change or deactivate your number.
   Participation is voluntary and not required to purchase any goods or services.
3. Opt-Out Instructions:
   You may opt out at any time. To stop receiving messages, reply STOP, QUIT, CANCEL, OPT OUT, or UNSUBSCRIBE to any message.
   After opting out, you may receive one final confirmation message. You understand that this is the exclusive reasonable method of opting out.
   If you later wish to rejoin, you may opt in again through any authorized method.
4. Help and Customer Support:
   

   For help, reply HELP to any message.
   You can also contact our customer-care team at:
   📧 [email protected]
   📞 1-800-637-4787 (toll-free)

   Our support team is available to assist with questions about the Program, message frequency, or opting out.

5. Privacy and Data Use:
   Information collected through the Program will be used in accordance with our Privacy Policy.
   We do not share or sell your mobile number to unaffiliated third parties for their marketing purposes without your explicit consent.
   We may share your number with trusted service providers solely to facilitate message delivery and Program operation.
6. Disclaimer of Warranty and Liability:
   The Program is provided on an “as-is” and “as-available” basis. Delivery of mobile messages may be affected by network coverage, carrier performance, or other factors beyond our control.
   To the maximum extent permitted by law, neither Club Esprit nor our service providers shall be liable for any delays, failures, or unauthorized access related to message transmission.

7. Indemnification:
   You agree to indemnify, defend, and hold harmless Club Esprit, its officers, directors, employees, agents, affiliates, and service providers from and against any and all claims, losses, liabilities, expenses, damages, and costs (including reasonable attorneys’ fees) arising from or related to your participation in the Program, your provision of a mobile phone number that you do not own or have authorization to use, or any violation of these Mobile Messaging Terms.

8. Governing Law and Dispute Resolution:
   These Mobile Messaging Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law principles.
   Any dispute arising from or relating to the Program or these Terms shall be resolved exclusively in the state or federal courts located in Marion County, Indiana, and you consent to the personal jurisdiction of such courts.
   
9. Arbitration and Class Action Waiver:
   To the fullest extent permitted by law, you agree that any dispute, claim, or controversy arising out of or relating to the Program or these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.
   You agree to waive any right to participate in a class, collective, or representative action, and arbitration shall proceed only on an individual basis.
   Judgment on the arbitration award may be entered in any court of competent jurisdiction.
   If any portion of this clause is found unenforceable, the remainder shall remain in effect.
   
10. Carrier Disclaimer:
    Mobile carriers are not liable for delayed or undelivered messages. Participation is subject to your carrier’s terms and conditions.
    
11. Modifications and Termination:
    We may modify, suspend, or cancel the Program—or these Mobile Messaging Terms—at any time, with or without notice.
    Updates take effect when posted on our website. Your continued participation constitutes acceptance of any modifications.
    If you do not agree, you must opt out as described above.
    
12. Severability:
    If any provision of these Mobile Messaging Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13. Contact Us:
    For questions regarding these Terms or your participation in the Program, please contact:
    Club Esprit – Member Services
    📧 [email protected]
    📞 1-800-637-4787 (toll-free)