Founding Membership Terms

ApexHaus is a development-stage project. By purchasing an ApexHaus Founding Membership, you are acquiring the Membership benefits expressly stated for your selected Membership tier. You are not reserving a stay, purchasing nights, selecting occupancy dates, acquiring real estate or equipment, or making an investment in ApexHaus.

The Apex Signature membership, any product that includes complimentary or prepaid nights, and any product that includes ownership of a kart, racing equipment or other personal property are not governed by these Terms and must be offered, if at all, under separate written terms.

These Founding Membership Terms & Project Risk Disclosure (the "Terms") govern the purchase of a non-Signature ApexHaus Membership from Holi Resort LLC, a North Carolina limited liability company doing business as ApexHaus ("ApexHaus," "Company," "we," "us" or "our").

By selecting a Membership, completing checkout, submitting payment, or otherwise completing a Membership purchase through our website or approved checkout provider, you acknowledge that you have reviewed and agree to these Terms. No handwritten signature is required for electronic acceptance.

These Terms apply only to the following non-Signature ApexHaus Founding Membership tiers: Silver Membership, Gold Membership, Platinum Membership and Founder Reserve Membership.

Your selected tier, purchase price, any applicable ApexKey or VIP pricing, and the specific Membership benefits offered to you are shown on the purchase page and/or in your order confirmation. Those displayed benefits form part of your purchase terms, subject to these Terms.

ApexHaus is being developed as a private motorsports lifestyle club concept built around a luxury private-use property and an integrated driving experience. At the time Memberships are offered, the first planned location and any additional proposed locations may be under development and may not yet be built, complete, approved, permitted, open or accepting rentals.

Renderings, plans, videos, site layouts, amenity descriptions, track concepts, construction schedules, anticipated opening periods and proposed future locations reflect the Company's present vision and good-faith plans. They are not guarantees. Development projects involve risks, and plans may be modified, delayed, relocated, reduced, suspended or discontinued because of permitting, zoning, engineering, construction, financing, inspections, contractor performance, supply availability, weather, casualty, safety requirements, market conditions, governmental action or other circumstances.

A Membership is a contractual membership benefit in the ApexHaus program. It may provide benefits stated for the selected tier, such as an eligible Member discount on future qualifying ApexHaus rentals and, where stated on the purchase page, a one-time credit toward a future eligible first rental.

A Membership is not: (a) a hotel or vacation rental booking; (b) a reservation of any dates; (c) the purchase of any number of nights; (d) a guarantee that requested dates will be available; (e) an ownership interest in land, a residence, a club facility, a kart, equipment or any other asset; (f) a timeshare or other fractional real estate interest; (g) equity, a security, a loan or an investment; or (h) a promise of profit, appreciation, repayment or financial return.

Purchasing a Membership does not reserve a stay or create a present right to occupy any ApexHaus property. No check-in date, check-out date, villa, room or rental period is provided through the Membership purchase.

If and when an eligible ApexHaus location becomes operational and is accepting rental requests, a Member seeking to stay at the property must separately request available dates and complete the rental or booking agreement then applicable to that specific stay. Availability, pricing, taxes, deposits, rules, activity waivers, cancellation provisions and other stay-related terms will be governed by that separate transaction.

Only the benefits expressly shown for the selected tier at the time of purchase apply. Company may offer different benefits, pricing or tiers in the future without changing the benefits already purchased by a Member, except as reasonably necessary to comply with law or with the Member's agreement.

Where the purchase page states that the Membership fee paid is creditable toward the Member's first eligible ApexHaus rental, that credit is a conditional Membership benefit. It may be applied only if and when a participating ApexHaus location is operating, the Member requests available dates, Company accepts the requested booking, and the Member completes a separate rental agreement.

A Membership credit is not a payment for any specific accommodation, is not a reservation deposit, does not hold dates, and is not redeemable for cash except where Company expressly agrees or applicable law requires otherwise. Unless specifically stated on the applicable purchase page, credits and Member discounts apply only to eligible base rental charges and not to taxes, deposits, damages, insurance, optional activities, third-party services or other charges.

Charlotte is the first planned ApexHaus location. References to Miami, Dallas, Atlanta or any other prospective location describe current plans or future goals only. No proposed future location is guaranteed to be developed, opened or included in the Membership program.

Membership benefits may be used only at a location that is operating and identified by ApexHaus as a participating location at the time a future rental request is accepted. Membership does not guarantee preferred dates, holiday dates, event dates or any minimum number of available booking opportunities.

ApexHaus is offering Founding Memberships during the development phase of the project. Membership payments are paid to the Company and may be used for the Company's business and development activities, which may include planning, design, engineering, permitting, marketing, site preparation, construction-related costs, professional fees, technology, administration, operations and other project expenses.

Membership payments are not held in escrow for a future stay unless Company expressly states otherwise in writing. By purchasing a Membership, Member understands that the project involves uncertainty and that funds may be committed or spent in pursuit of developing and operating the ApexHaus concept.

A development delay, change in plans, change in amenities, change in timeline, change in proposed location or inability to complete the project does not, by itself, mean that Company has breached these Terms or failed to act in good faith, provided that Company has accurately disclosed the development-stage nature and material risks of the project and has acted in good faith.

Company intends in good faith to develop the ApexHaus concept and provide the Membership benefits stated for purchased Membership tiers, subject to the risks and limitations disclosed in these Terms.

If Company encounters material delays, changes or obstacles affecting the project or the ability to provide Membership benefits, Company may provide updates through its website, email, Member communications or other reasonable channels. Member understands that development updates may revise prior estimates as the project progresses.

Company may reasonably modify design elements, plans, amenities, schedules, participating locations, operating rules and project scope where necessary or advisable for development, regulatory compliance, safety, operations, financing or commercial feasibility.

If the project is delayed, Member's Membership remains valid for any participating ApexHaus location that later becomes operational, subject to these Terms.

If Company determines in good faith that it cannot proceed with the ApexHaus project or cannot provide material Membership benefits, Company will communicate a reasonable proposed resolution to affected Members. Depending on the circumstances and subject to applicable law, a resolution may include continuation of benefits for a revised project or participating location, an alternative Member benefit, a credit, a partial or full refund, or another reasonable solution. Nothing in these Terms limits any refund, cancellation or other consumer right that cannot legally be waived.

Except where applicable law requires otherwise or where Company provides a resolution under Section 10, Membership purchases are generally final after payment is completed. Company may, in its reasonable discretion and on a case-by-case basis, approve a refund, credit or other accommodation requested by a Member. No refund, credit or other accommodation is guaranteed solely because a Member changes plans, no longer wishes to participate, cannot use preferred future dates, disagrees with a reasonable development change disclosed under these Terms, or expected the project to open earlier than it ultimately does.

Refund or cancellation requests must be submitted through the contact method stated on the Website or in the Member's order confirmation and must include the purchaser's name, email address used at checkout, selected Membership tier and order information.

These Terms do not govern and may not be used to offer or sell Apex Signature, complimentary nights, prepaid nights, guaranteed stays, certificates for accommodation, owned karts, owned racing equipment, or other benefits involving a present right to future occupancy or personal-property ownership. Any such offer requires separate terms and may require separate disclosures or legal compliance.

Membership funds do not purchase any ownership interest in the Company or project. Member has no voting rights, management rights, distribution rights, revenue-sharing rights, interest in real estate, lien, creditor right or claim to project assets solely because of the Membership purchase.

Company communications must not be interpreted as an offer of securities or investment opportunity. Membership is offered for personal membership benefits only.

Company seeks to describe the ApexHaus concept accurately. Because the project is in development, photographs of inspiration, conceptual images, architectural renderings, animations, preliminary layouts and projected amenities may differ from any final completed property.

No statement outside the purchase page, these Terms or a written confirmation issued by Company modifies a purchased Membership benefit. Member should rely only on the written benefits applicable to the selected Membership tier and the development-risk disclosures contained in these Terms.

No employee, sales representative, contractor, affiliate, influencer or other person is authorized to promise or guarantee resale value, appreciation, profit, a refund, a specific opening date, guaranteed availability or completion of any location, except through a written amendment issued by Company and expressly accepted by Member.

Payment may be processed through third-party checkout or payment providers. A Membership purchase is confirmed only after payment is successfully processed and Company or its approved provider issues an order confirmation.

Member is responsible for providing accurate contact and payment information. Member should promptly contact Company regarding a suspected billing error before initiating a dispute, without giving up any lawful rights with a card issuer or payment provider.

To the fullest extent permitted by applicable law, Company will not be liable for indirect, incidental, special, exemplary or consequential damages arising from development delays, changes to proposed plans, changes in timing, unavailability of preferred future dates or discontinuation of a proposed future location.

To the fullest extent permitted by applicable law, Company's aggregate liability arising from a Membership purchase will not exceed the amount actually paid by the Member for that Membership. These limitations do not apply to willful misconduct, knowing violation of law or liability that applicable law does not permit to be limited or waived.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF.

Before starting arbitration or filing an eligible individual small claims action, Member agrees to provide Company written notice of the dispute through the contact method stated on the Website or in the Member's order confirmation and allow thirty (30) days for Company to attempt to resolve it informally, unless applicable law requires otherwise or immediate injunctive relief is necessary.

Except for an individual claim that qualifies for small claims court and any request for temporary injunctive relief pending arbitration, any dispute, claim or controversy arising out of or relating to these Terms, a Membership purchase, the Website, advertising for the Membership, or the relationship between Member and Company shall be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitration shall take place in North Carolina or, at Member's election where required or permitted by the AAA Consumer Arbitration Rules or applicable law, by telephone, video conference, documents-only proceeding or in another location permitted by those rules.

CLASS ACTION WAIVER. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

TO THE FULLEST EXTENT PERMITTED BY LAW, MEMBER AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL FOR DISPUTES COVERED BY THIS ARBITRATION PROVISION.

The arbitrator, and not any court, shall have authority to resolve disputes concerning the interpretation, applicability, enforceability or formation of this arbitration provision, except that a court of competent jurisdiction may determine any dispute concerning the enforceability of the Class Action Waiver.

If AAA will not administer a dispute under this arbitration provision, either party may seek resolution in a court having proper jurisdiction in North Carolina unless the parties agree in writing to another arbitration administrator.

These Terms are otherwise governed by the laws of the State of North Carolina, without regard to conflict-of-law rules, except where mandatory consumer law of another jurisdiction applies and cannot be waived.

These Terms are intended to clearly disclose the nature and risks of a development-stage Membership purchase. They do not limit any mandatory consumer right that cannot lawfully be limited or waived by agreement.

Company may update these Terms for future purchases by posting a revised version with a new effective date. The version accepted at the time of a Member's completed purchase governs that purchase, except for changes required by law or later agreed to by Member.

Legal Seller: Holi Resort LLC, a North Carolina limited liability company, doing business as ApexHaus.

Customer Support Email: info@apexhausclub.com

Customer inquiries, cancellation requests and refund requests must be submitted through the contact method provided on the Website where these Terms are displayed or in the Member's order confirmation.