Terms & Conditions

Last updated: 2026-09-22

I. General

By installing or accessing any of Freddy’s websites, applications, mobile application (“App”), email newsletters, subscriptions, social media, online marketplace, or digital properties on which these terms are posted or referenced (the “Services”), you are entering into a binding agreement with Freddy’s, LLC (“Freddy’s”). Please review these Terms of Use carefully; they contain an Arbitration Agreement, Jury Trial Waiver, Class Action Waiver, Limitations on Freddy’s Liability, and other provisions that directly affect your legal rights. YOUR USE OR ACCESS OF ANY PORTION OF THE SERVICES CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO BE BOUND BY THESE TERMS OF USE, AS MAY BE AMENDED. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICES.

These Terms of Use do not apply to the Freddy’s Merch store (https://www.freddysmerch.com/, operated by HALO Branded Solutions, Inc.).

By accepting these Terms of Use you also understand and consent to Freddy’s Privacy Policy, which is incorporated into this agreement. Our Privacy Policy describes how Freddy’s collects, uses, and shares information. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. PLEASE READ THE SECTION TITLED “DISPUTE RESOLUTION” BELOW TO LEARN MORE.

 The Services are not directed to children under 13 and may not be used by individuals under 13. 

Each of the terms of these Terms of Use is severable and operates separately. If any of them are deemed to be invalid, unenforceable, or illegal, then the remaining terms and conditions will remain in full force and effect.

You agree that Freddy’s may update, modify, or terminate the Services at any time and in its sole discretion.

Geographic Restrictions

The Services are controlled, operated, and administered by Freddy’s in the United States and Canada. We provide these Services for use only by persons located in the United States and Canada. We make no claims that the Services or any of their content are accessible or appropriate outside of the United States and Canada. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States and Canada, you do so on your own initiative and are responsible for compliance with local laws.

II. Use

Our Intellectual Property

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services are copyrights, trademarks, trade dress, and/or intellectual property owned, controlled, or licensed by Freddy’s or by third parties who have licensed their materials to Freddy’s, and are protected by U.S., Canadian, and international intellectual property laws. The compilation (that is, the collection, arrangement, and assembly) of all materials on the Services is the exclusive property of Freddy’s or its licensors and is protected by applicable copyright laws. No material from any portion of the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Permitted Use

The Services are intended solely for personal use, and for use and access by persons residing in the United States and Canada. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You shall not resell our Services or act as a distributor of our Services unless you have a separate reseller or distributor agreement with us.

In addition, you agree not to (a) use or access the Services for any purpose that is unlawful or prohibited by these Terms of Use; (b) use or access the Services in a manner that could damage, disable, overburden, or impair any Freddy’s computer system or the networks connected to any Freddy’s computer system; (c) interfere with any third party’s use and enjoyment of the Services; (d) attempt to gain unauthorized access to accounts, computer systems, or networks connected to any Freddy’s server through hacking, password mining, or any other means; (e) send any advertising or promotional material, or similar solicitation; (f) use any robot, spider, scraper, crawler, or other automated means, or any manual process, to monitor, copy, collect, harvest, or extract content or data from the Services; (g) introduce any virus, malware, Trojan horse, worm, logic bomb, or other malicious or technologically harmful material; (h) interfere with, disrupt, or attack the Services or any servers, databases, or networks connected to the Services, including through denial-of-service attacks; (i) submit false or misleading information or impersonate any person or entity; or (j) otherwise interfere with the proper operation of the Services.

Account

You may be required to register with our Services to make a purchase. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Third-Party App Store Provisions

This provision applies to App Store Provider(s), which means Apple Inc. with respect to the Apple App Store, and Google LLC with respect to the Google Play Store. You acknowledge and agree that these Terms of Use are entered into between you and Freddy’s only, and not with the applicable App Store Provider. Freddy’s, and not the App Store Provider, is solely responsible for the App and the content thereof. Your use of the App must comply with the terms of service of the applicable App Store Provider. You acknowledge that the applicable App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, the applicable App Store Provider will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, to the extent one cannot be excluded under applicable law, will be the sole responsibility of Freddy’s. You acknowledge that the applicable App Store Provider is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Freddy’s, and not the applicable App Store Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country, and (b) you are not listed on any United States Government list of prohibited or restricted parties. You acknowledge and agree that the applicable App Store Provider and its subsidiaries are third-party beneficiaries of these Terms of Use as they relate to your license to the App, and that, upon your acceptance of these Terms of Use, the applicable App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof. Nothing in these Terms of Use grants you any license or rights with respect to any App Store Provider’s trademarks, trade names, or logos.

Your Content

By submitting or otherwise making available certain information, text, graphics, reviews, testimonials, photographs, videos, or other material (“Your Content”), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display Your Content on the Services, on our social media platforms, in marketing materials, and on other platforms. You represent and warrant that you have the necessary rights to grant us the license above, and you are responsible for Your Content that you submit to us, including its legality, reliability, and appropriateness.

III. Communications and Transactions

Electronic Communications

Visiting or using the Services, purchasing products from our Services, and sending us emails constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

Mobile Messaging (SMS and RCS)

Freddy’s may offer SMS, RCS, or other mobile messaging programs delivered through our messaging provider, like Vibes. Your participation in any such program is subject to the applicable terms and disclosures set forth in our Privacy Policy, including information regarding enrollment, consent, message frequency, fees, and opt-out procedures, which are incorporated into these Terms by reference.

Mobile Wallet

We may offer digital passes that can be added to Apple Wallet, Google Wallet, or other supported mobile wallet applications. Mobile wallet services are provided by third parties and are subject to their own terms and policies. We may modify, suspend, or discontinue wallet pass features, offers, or functionality at any time. Information associated with wallet passes is handled as described in our Privacy Policy.

IV. External Links

Links to certain third-party services exist on the Services, including, without limitation, the Freddy’s Merch store (https://www.freddysmerch.com/, operated by HALO Branded Solutions, Inc.) and DoorDash. Those Third-Party Services are operated and maintained by third parties and are not a part of the Services or subject to these Terms of Use or Freddy’s Privacy Policy.

Freddy’s is not affiliated or associated with the sponsors, owners, or producers of any of the Third-Party Services linked to or from the Services. These Third-Party Services are not under Freddy’s control, and Freddy’s explicitly disclaims any responsibility for the accuracy, content, or availability of the information, products, and/or services found on or through such Third-Party Services. Freddy’s does not endorse services contained on or through such Third-Party Services. Freddy’s does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you disclose or transmit through any of the Third-Party Services.

V. Products, Ordering, and Programs

Products Information

We have made every effort to display as accurately as possible the appearance, colors, packaging, product descriptions, ingredient information, nutritional information, and images of our products that appear on our Services. We cannot guarantee that your computer or mobile device monitor’s display of any color or image will be accurate. We do not warrant that the quality of any products purchased or obtained by you will meet your expectations, or that any errors will be corrected.

Although we do our best to maintain accurate and updated information, we cannot guarantee that it is always accurate and up to date. Any reliance on the material on the Services is at your own risk. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on our Services.

Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.

We undertake no obligation to update, amend, or clarify information on the Services, including without limitation pricing information, except as required by law. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

Product availability on our Services is not guaranteed, as items may be low in stock or unavailable at a particular restaurant. If a product is not available by the time your order processes, we will notify you.

We will make reasonable efforts to keep pricing information published on the Services up to date. Prices for our products are subject to change without notice, and prices may vary by restaurant, including between company-operated and franchised locations. All descriptions of products and product pricing are subject to change at any time, with or without notice, at our sole discretion. From time to time, we may offer limited-time promotions, discounts, or special offers. These offers are subject to availability, change, or cancellation without notice and may not be combined with other promotions. We may, in our sole discretion, make promotional offers with different features and different pricing to any of our customers. We reserve the right to discontinue any product at any time. Any offer for any product made on the Services is void where prohibited. We reserve the right at any time to modify or discontinue the products or Services (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any product or the Services.

We reserve the right to refuse or cancel any order for products you place on the Services, including without limitation for pricing errors.

Freddy’s Rewards

Freddy’s Rewards is our loyalty and rewards program. Participation is voluntary and free, and requires a Freddy’s account. Points and rewards have no cash value, are not your property, and may not be sold, transferred, assigned, or exchanged for cash, and are void where prohibited. We may modify, suspend, or discontinue Freddy’s Rewards, or any offer, point value, reward, tier, or earning or redemption rule, at any time and in our sole discretion. We may suspend or terminate your membership, and forfeit accrued points and rewards, if we determine in our sole discretion that you have misused the program, obtained points or rewards through fraud, error, or any means we did not authorize, or violated these Terms of Use. Points and rewards may expire in accordance with the program rules in effect at the time. Current program details, including how points are earned and redeemed, please visit our Services. Information collected in connection with Freddy’s Rewards is handled as described in our Privacy Policy, including the “Financial Incentives (Freddy’s Rewards)” section.

Gift Cards

Freddy’s gift cards may be used only for the purchase of eligible products on our Services and at participating locations. Gift cards cannot be transferred for value, may not be used toward the purchase of additional cards, and may not be redeemed for cash except where required by law. Purchases are deducted from the gift card balance. You can check your balance on our Services, through your account, or by contacting us. We are not responsible for lost or stolen gift cards or e-gift cards. Freddy’s gift cards do not expire. The purchase or use of a gift card constitutes acceptance of these Terms of Use.

Discounts and Promotions

From time to time, we may offer promotional codes, discounts, or other special offers (“Promotional Codes”). Promotional Codes are limited to one per customer, are non-transferable, and must be applied at the time of purchase. Unless otherwise stated, Promotional Codes may not be combined with other offers or discount codes and do not apply to delivery costs, taxes, or gift cards. Promotional Codes are valid only for the period specified and are subject to change or cancellation at any time without notice. We reserve the right to refuse, revoke, or adjust any Promotional Code, and to limit the amount of products that may be purchased. Additional restrictions or exclusions may apply.

Feedback

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Feedback”), you agree to assign to us all intellectual property rights in such Feedback. You agree that we shall own this Feedback and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

VI. Term, Termination, and Liability

Term and Termination

These Terms shall remain in full force and effect and apply to your current use of the Services, as well as your past and future use of the Services. Freddy’s shall have the right to terminate your access to, and use of, the Services immediately, including if, in its sole discretion, Freddy’s believes that your conduct fails to conform to these Terms of Use. Upon termination of your access, you agree that you will immediately discontinue use of the Services.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, parent company, affiliates, related entities, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising out of your use of the Services, Your Content, your breach of these Terms of Use, your purchase, use, or consumption of any products, or your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL FREDDY’S OR ANY OF ITS EMPLOYEES, OWNERS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, ACCESS TO, OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FREDDY’S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR $100.00 USD. CERTAIN U.S. STATE LAWS, PROVINCIAL LAWS, AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Modifications and Interruptions

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Disclaimer

THE SERVICES AND PRODUCTS ARE PROVIDED BY FREDDY’S ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREDDY’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION INCLUDED ON THE SERVICES OR THE PRODUCTS. FREDDY’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. FREDDY’S DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SYSTEMS AND NETWORKS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES.

WE, OUR PARENT COMPANY, AFFILIATES, AND RELATED ENTITIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS. PRODUCT DESCRIPTIONS MAY INCLUDE TYPOGRAPHICAL ERRORS, AND PRODUCTS MAY APPEAR DIFFERENT ON YOUR SCREEN.

FREDDY’S DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SERVICES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

VII. Governing Law and Dispute Resolution

Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be entirely performed within the State of Kansas, without regard to its conflict of law principles. This includes your participation in our mobile messaging program and your use of mobile wallet passes, notwithstanding any governing-law provision in the terms of any messaging or wallet service provider.

Dispute Resolution (the “Arbitration Agreement”)

Please read this section carefully. It directly affects your rights and will have a direct impact on how claims will be resolved relating to your information, your use of or access to the Services, these Terms of Use, or Freddy’s Privacy Policy. This Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”).

Application to Canadian Residents

If you are a resident of Canada, the provisions of this Section VII — including the Arbitration Agreement, the jury trial waiver, the class and representative action waivers, the Kansas governing-law clause, and the limitation period — apply only to the extent permitted by the law of your province or territory. Certain provincial consumer protection laws restrict, invalidate, or otherwise limit the enforceability of mandatory arbitration provisions, class action waivers, and foreign governing-law clauses in consumer contracts. Where applicable provincial law limits or prohibits any of these provisions, that provision will not apply to you to the extent of the limitation, and the remainder of these Terms of Use will continue in full force and effect. Nothing in these Terms of Use limits any statutory right you have under the consumer protection law of your province or territory.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration to the extent permitted by applicable law. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of Kansas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If you intend to seek arbitration, you must first send a written notice (“Notice”), by first class or certified mail, to Freddy’s, LLC, 3020 N. Cypress Street, Ste 200, Wichita, KS 67226. If Freddy’s intends to seek arbitration, Freddy’s will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the Parties cannot reach an agreement within 30 days from receipt of the Notice, either Party may initiate arbitration proceedings.

A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the Party initiating the arbitration must mail a copy of the completed form to the opposing Party. You may send such copy to Freddy’s at Freddy’s, LLC, 3020 N. Cypress Street, Ste 200, Wichita, KS 67226, and Freddy’s will send such copy to the current billing address on your account or to your attorney, if you have retained one.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Kansas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts, to the extent permitted by applicable law. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the extent permitted by applicable law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Right to Opt Out of Arbitration

You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to Freddy’s, LLC, 3020 N. Cypress Street, Ste 200, Wichita, KS 67226, or by another method designated by Freddy’s, within thirty (30) days after first accepting these Terms of Use. Your notice must include your name, address, and a clear statement that you wish to opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other provisions of these Terms of Use will continue to apply.

Mass Arbitration

If twenty-five (25) or more similar arbitration demands are filed against Freddy’s by the same or coordinated counsel, or are otherwise coordinated, the Parties agree that such demands shall be administered in batches or in another procedure permitted by the AAA for mass arbitrations. To the extent permitted by applicable law and AAA rules, the Parties agree that the resolution of a limited number of initial cases may proceed first, after which the Parties will make good-faith efforts to resolve the remaining claims before additional arbitrations are conducted. This provision is intended solely as a case-management mechanism and shall not be applied to bar, or to unreasonably delay, the resolution of any claimant’s individual claim. Any applicable limitation period is tolled for each claimant whose demand is held in a later batch for so long as that demand is pending.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

VIII. Modifications and Miscellaneous

Modifications of These Terms of Use

Freddy’s reserves the right to change, modify, amend, and/or update these Terms of Use and the Privacy Policy at any time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your use of the Services following any such changes, modifications, amendments, and/or updates constitutes your unconditional agreement.

Miscellaneous

These Terms of Use, and any policies or operating rules posted by us on the Services or in respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the Parties hereto to execute these Terms of Use.

IX. Contact Us

In order to resolve a complaint regarding the Services, or to receive further information regarding use of the Services, please contact us at:

Freddy’s Frozen Custard & Steakburgers

3020 N. Cypress Street, Ste 200

Wichita, KS 67226

General: 316-719-7800

Contact us: https://contact.freddys.com

Privacy requests and account deletion: https://ffcsb.us/ccpa