These Imurj Café Rules provide the terms and conditions governing membership to the Imurj Café. The Imurj Café is a private establishment located at 300 S. McDowell St., Raleigh, NC 27601, and is operated by Imurj Café, LLC, a North Carolina limited liability company. Members of the Imurj Café are defined as “Imurj Café Members” and such membership is defined as “Imurj Café Membership.”
By becoming an Imurj Café Member of Imurj, you acknowledge and agree to be bound by these Imurj Café Rules. The terms and conditions of these Imurj Café Rules are subject to change at Imurj Café’s sole direction. Changes, if any, to these Imurj Café Rules will be posted on the Imurj Café’s website. Your continued use of your Imurj Café Membership constitutes your agreement and acceptance to any revised terms and conditions of these Imurj Café Rules.
Membership Application and Fee
Imurj Café Members are members of the local community who are artists or who are interested in supporting and enjoying the local arts and music community. To become an Imurj Café Member, you must complete an application and pay Imurj Café the annual Imurj Café membership fee. The current annual membership fee is $1.00.
Imurj Café does not discriminate based on gender, sexual orientation, race, color, creed, religion, national origin, or disability.
Your Imurj Café Membership entitles you to use and enjoy the Imurj Café facilities, but does not constitute a limited liability company membership, or any other equity or voting interest, in Imurj Café, LLC, or any affiliated entity. Your Imurj Café Membership does not, and shall not be deemed to, constitute an employment, agency, partnership, joint venture, or fiduciary relationship between you and any Imurj entity, or their employees, contractors, agents, or LLC manager or members.
Membership cards are issued to all Imurj Café Members. Only the named card bearer may use membership cards to access the Imurj Café. Memberships are non-refundable and non-transferable. You must have your membership card at all times that you are on the Café’s premises.
Imurj Café Members may bring guests to the Imurj Café. Guests will be admitted at Imurj’s sole discretion. Imurj Café Members and accompanying guests must both arrive and leave the Imurj Café together. Imurj Café Members are responsible for their guests’ behavior and compliance with these Imurj Café Rules.
Photograph and Film Consent
The Imurj Café is frequently used for photographing, filming, or otherwise recording performances and other events. By entering the Imurj Café at any time, you give unqualified consent to the Imurj Café and its agents, contractors, and licensees to record, use, and publicize your image, likeness, voice, and actions, for any purpose whatsoever and in any media throughout the universe in perpetuity. If you do not wish to be recorded, please avoid the Imurj Café when recording is occurring.
In connection with your use of the Imurj Café facilities, you agree to abide by all rules and policies, as may be established from time-to-time by Imurj Café, including the following:
- All consumption of alcohol must occur within the Imurj Café facilities, must be purchased from Imurj Café, and must otherwise be in compliance with all Alcoholic Beverage Control regulations.
- Imurj Café Members or their guests may not engage in any drunken, disruptive, harassing (sexual or otherwise), violent, aggressive, demeaning, belittling, or derogatory behavior (as determined by Imurj Café’s, or its staff members’, sole and absolute discretion).
- Imurj Café Members or their guests may not refuse to cooperate with requests or instructions of any staff member of the Imurj Café, including requests or instructions relating to compliance with these Imurj Café Rules or to enforcement of Alcoholic Beverage Control regulations.
- Imurj Café Members or their guests may not solicit any materials or services in the Imurj Café without the prior express written approval of Café.
- Imurj Café Members or their guests may not use any illegal substance or engage in any illegal activity.
Revocation of Membership
Imurj Café reserves the right to, and may, revoke your Imurj Café Membership for noncompliance with these Imurj Café Rules at any time and in Imurj Café’s sole and absolute discretion, and without refund of your membership fee.
Indemnification and Release
You (and your representatives, heirs, executors, administrators, affiliates, successors, assigns, and any other person or entity claiming by or through you), hereby expressly, absolutely, unconditionally, irrevocably, and forever waive, release, acquit, discharge, and covenant not to sue and agree to indemnify and hold harmless Imurj Café, LLC, and its affiliates, licensees, designees, agents, successors, and assigns, and each of their respective affiliates, licensees, designees, agents, successors, and assigns, and the respective employees, officers, directors, agents, contractors, partners, shareholders, representatives, and attorneys of each and all of the foregoing, from and against any and all liabilities, claims, demands, actions, suits, damages, expenses, costs (including attorneys’ fees), obligations, losses, or for any injury suffered by you or your guest or your or your guests’ property, resulting from any existing or future claims of any kind which you or others have or may have under any theory under the law, whether common, constitutional, statutory, or other, of any jurisdiction, foreign or domestic, whether in law or in equity, whether known or unknown, by reason of any and all matters arising directly or indirectly out of your use of the Imurj Café facilitates.
Limitation on Liability
THE IMURJ CAFÉ MEMBERSHIP IS PROVIDED ON AN AS-IS-WHERE-IS BASIS. IMURJ MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING OR TRADE USAGE, WITH RESPECT TO THE IMURJ CAFÉ. WITHOUT LIMITATION, IMURJ CAFÉ SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, IMURJ CAFÉ IS NOT RESPONSIBLE FOR YOU, YOUR GUESTS, OR YOU OR YOUR GUESTS’ BEHAVIOR AT THE IMURJ CAFÉ, OR IN CONNECTION WITH YOUR TRANSPORTATION TO OR FROM THE IMURJ CAFÉ.
UNDER NO CIRCUMSTANCES SHALL IMURJ CAFÉ BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS (EVEN IF IMURJ CAFÉ HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES) ARISING FROM OR RELATED YOUR USE OF THE IMURJ CAFÉ FACILITIES.