Termsand Conditions

Effective Date: August 2026

Last Updated: August 2026

1. Agreement to These Terms

These Terms and Conditions ("Terms") govern your useof the website foulplaysportsbargrill.com (the "Site"), your onlineorders, and your visit to Foul Play Sports Bar & Grill ("FoulPlay," "we," "us," or "our") located at 1468Highway 35 Byp. N, Ste G, Alvin, TX 77511.

By using the Site, placing an order, or entering our premises,you agree to these Terms. If you do not agree, do not use the Site or ourservices.

Please read Section 20 carefully. It requires disputes to beresolved by binding arbitration on an individual basis and limits the remediesavailable to you.

2. Who We Are

Foul Play Sports Bar & Grill is operated by Foul PlaySports Bar & Grill, a Texas [limited liability company.

Contact: foulplaysportsbargrill@gmail.com | 281-824-4079

3. Eligibility

You must be at least 18 years old to place an order throughthe Site or create an account. If you are under 18, you may use the Site onlywith the involvement of a parent or guardian.

Alcohol may only be purchased and consumed by persons 21 yearsof age or older. See Section 10.

4. Use of the Site

You agree not to:

•    Use the Site for any unlawful purpose

•    Place fraudulent, false, or malicious orders

•    Attempt to gain unauthorized access to the Site, oursystems, or other users' information

•    Interfere with the Site's operation, including throughautomated scraping, denial of service attempts, or introducing malicious code

•    Reproduce, duplicate, or resell any part of the Sitewithout our written permission

•    Misrepresent your identity or affiliation

We may suspend or terminate your access to the Site at anytime, with or without notice, for conduct we believe violates these Terms.

5. Menu, Pricing, and Availability

Prices are subject to change without notice. Menuprices displayed on the Site, on printed menus, and on third-party platformsmay differ, and may change based on current market fluctuation and inflation.The price charged at the time of order is the price that applies.

Menu items and specials are subject to availability. We maysubstitute, modify, or discontinue items at any time. We make reasonableefforts to keep the Site accurate, but we do not warrant that menudescriptions, prices, images, or availability are error free. Photographs arerepresentative and actual presentation may vary.

Modifications and substitutions may result in additionalfees.

Certain items are prepared to order and require additionaltime. Our baked oysters, for example, require approximately 20 to 25 minutes.

If an item you ordered is unavailable, we will contact you toarrange a substitution, a partial refund, or cancellation.

6. Online Ordering

Online orders may be processed through a third-party orderingplatform. When you place an order through that platform, its own terms andprivacy policy also apply to that transaction, in addition to these Terms.

Placing an order is an offer to purchase. Your order isaccepted when we confirm it. We reserve the right to decline any order,including where we suspect fraud, where an item is unavailable, where a pricingerror has occurred, or where the order cannot be fulfilled within a reasonabletime.

You are responsible for providing accurate order details,contact information, and pickup or delivery instructions. We are notresponsible for orders that cannot be delivered or collected because ofinformation you provided incorrectly.

Pickup orders not collected within [NUMBER] minutes of thestated ready time may be discarded without refund.

7. Fees, Taxes, and Service Charges

Your total will include applicable Texas state and local salestax.

A 20 percent service charge is automatically added toparties of six or more. This charge is disclosed on our menus and at thepoint of ordering. It is [distributed to service staff / retained by the houseand used for X], and it is not a tip. Additional gratuity is at yourdiscretion.

Additional fees may apply for online ordering, delivery,third-party platform use, large party bookings, private events, and splitpayments. Fees are disclosed before you complete your order.

8. Payment and Refunds

Payment is processed by a third-party payment processor. We donot store your full card details.

By providing payment information, you represent that you areauthorized to use the payment method.

Refunds. Because food is perishable and prepared toorder, all sales are generally final. That said, we want you to be satisfied.If there is a problem with your order, contact us at 281-824-4079 orfoulplaysportsbargrill@gmail.com within [NUMBER] hours and we will work withyou on a remedy, which may include a replacement item, a credit, or a refund atour discretion.

Refunds for orders placed through a third-party platform mayneed to be requested through that platform.

Chargebacks. If you dispute a charge with your cardissuer without first contacting us, we may decline future orders from you.

9. Food Allergies, Dietary Restrictions,and Health Notices

Please inform your server of any food allergies beforeordering.

Our kitchen handles wheat, dairy, eggs, soy, peanuts, treenuts, fish, shellfish, and sesame. We prepare food in a shared kitchen withshared equipment and fryers. We cannot guarantee that any item is free fromany allergen, and we cannot guarantee an allergen-free environment. If youhave a severe allergy, please consider this carefully before dining with us.

Ingredients and preparation methods may change without notice.Nutritional and allergen information, if provided, is an estimate.

Consumer advisory. Consuming raw or undercooked meats,poultry, seafood, shellfish, or eggs may increase your risk of foodborneillness. There may be a risk associated with consuming shellfish, as is thecase with other raw products. If you suffer from chronic illness of the liver,stomach, or blood, or have other immune disorders, you should eat theseproducts fully cooked. If you are unsure of your risk, consult your doctor.

You assume the risk of consuming any item you order.

10. Alcohol Service

Foul Play holds a permit issued by the Texas AlcoholicBeverage Commission. Alcohol service is governed by Texas law and by thefollowing policies:

•    You must be 21 or older to purchase or consumealcohol. We require valid, unexpired government-issued photoidentification. We may refuse service if we cannot verify age to oursatisfaction, and we may refuse identification we believe to be altered,borrowed, or fraudulent.

•    Providing alcohol to a minor is a criminal offense inTexas. We do not permit it on our premises, including sharing your drink with amember of your party.

•    We reserve the right to refuse alcohol service toany person at any time, including any person we believe to be intoxicated,and to discontinue service to a guest already being served.

•    Alcohol may not be removed from the premises except aspermitted by law.

•    Alcohol may not be brought onto the premises.

•    Service hours are limited by Texas law and by the termsof our permit.

We may arrange or assist with alternative transportation for aguest we believe should not drive. We encourage you to plan ahead.

11. Conduct on Our Premises

Foul Play is a place for people to watch a game, eat, andenjoy themselves. To keep it that way, we require guests to behave reasonably.

We reserve the right to refuse entry or service to, or removefrom the premises, any person who:

•    Is intoxicated or appears to be intoxicated

•    Behaves in a threatening, violent, harassing, orabusive manner toward guests or staff

•    Uses discriminatory or harassing language

•    Damages or steals property

•    Brings weapons onto the premises other than aspermitted by Texas law and our posted notices

•    Brings outside food or beverages

•    Uses illegal substances

•    Refuses to comply with a reasonable request frommanagement

•    Violates our dress code, if posted

•    Attempts to enter or remain after we have asked them toleave

We may refuse service for any lawful reason. Removal from thepremises does not entitle you to a refund.

You are responsible for the conduct of any minors in yourparty.

12. Televised Content and Events

We broadcast sporting events and other programming subject tothe availability of broadcasts, blackout restrictions, and our licensingarrangements. We cannot guarantee that any particular game, match, or eventwill be shown, that it will be shown on any particular screen, or that audiowill be available.

We do not control programming schedules or broadcastinterruptions. Advertised viewing events may be cancelled or changed because ofcircumstances outside our control.

Requests to change a channel are accommodated at ourdiscretion.

13. Reservations, Large Parties, andPrivate Events

Reservation and large party policies, including deposits,minimum spends, cancellation windows, and cancellation fees, are set out at thetime of booking and form part of your agreement with us.

We hold reservations for [NUMBER] minutes past the reservedtime, after which the table may be released.

Private event bookings are governed by a separate writtenagreement.

14. Gift Cards

Gift cards are redeemable for food and beverages at Foul Playonly. They are not redeemable for cash except where required by law, cannot bereloaded unless stated, and cannot be replaced if lost or stolen unless you canprovide proof of purchase.

Under Texas law, gift cards generally may not expire and maynot be subject to dormancy or service fees within the first three years.

Gift cards may not be resold.

15. Promotions, Contests, and Giveaways

Promotions, happy hour specials, discounts, contests, andgiveaways may be subject to additional terms published at the time of theoffer. Where those terms conflict with these Terms, the promotion terms controlfor that promotion.

Unless stated otherwise:

•    Offers cannot be combined

•    Offers have no cash value

•    Offers may be modified or withdrawn at any time

•    Contests are void where prohibited

•    We are not responsible for entries that are lost, late,or corrupted

Promotions run on social media platforms are not sponsored,endorsed, or administered by those platforms.

16. User Content and Social Media

If you post reviews, photographs, comments, or other contentabout Foul Play on our Site or tag us on social media, you grant us anon-exclusive, royalty-free, worldwide, perpetual license to use, reproduce,adapt, and display that content for marketing and promotional purposes, in anymedium, without further notice, credit, or compensation.

You represent that you own or have permission to post thecontent, and that it does not infringe anyone's rights.

We may remove content we consider offensive, unlawful, orotherwise inappropriate, and we are not obligated to monitor content.

Photography on premises. We may photograph or record onour premises for marketing purposes, including at events. By entering, youconsent to appearing in such material. If you prefer not to be photographed,please tell a member of management.

17. Intellectual Property

The Site and its contents, including the Foul Play name, logo,"EAT GOOD. PLAY HARD. STAY HUMBLE.", menu item names, menudescriptions, artwork, photography, text, and design, are owned by us or ourlicensors and are protected by trademark, copyright, and other laws.

You may not use, copy, reproduce, or create derivative worksfrom our intellectual property without our prior written consent, except forpersonal, non-commercial viewing of the Site.

Third-party trademarks appearing on the Site, including thoseof sports leagues, brands, and beverage suppliers, are the property of theirrespective owners. Their appearance does not imply any endorsement oraffiliation.

18. Third-Party Links and Services

The Site links to third-party services including our onlineordering platform, map services, and social media pages. We do not controlthose services, we do not endorse their content, and we are not responsible fortheir availability, accuracy, or practices. Your use of them is at your ownrisk and subject to their terms.

19. Disclaimers and Limitation of Liability

Disclaimers

The Site is provided on an "as is" and "asavailable" basis. To the fullest extent permitted by law, we disclaim allwarranties, express or implied, including implied warranties ofmerchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will be uninterrupted, secure,error free, or free of viruses, or that defects will be corrected.

Limitation of liability

To the fullest extent permitted by Texas law, Foul Play andits owners, officers, employees, and agents will not be liable for indirect,incidental, special, consequential, exemplary, or punitive damages, or for lostprofits, lost data, or loss of goodwill, arising out of or relating to your useof the Site or our services, whether based in contract, tort, negligence,strict liability, or otherwise, even if we have been advised of the possibilityof such damages.

Our total aggregate liability arising out of or relating tothese Terms or your use of the Site will not exceed the greater of the amountyou paid us in the [NUMBER] months preceding the claim, or one hundred dollars.

What is not limited

Nothing in these Terms excludes or limits liability thatcannot lawfully be excluded or limited, including:

•    Liability for death or personal injury caused by ournegligence

•    Liability for fraud or fraudulent misrepresentation

•    Liability for gross negligence or willful misconduct

•    Any liability arising under Chapter 2 of the TexasAlcoholic Beverage Code, commonly known as the Texas Dram Shop Act

•    Any other liability that Texas law does not permit usto disclaim

20. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legalrights.

Informal resolution first

Before starting any formal proceeding, you agree to contact usat foulplaysportsbargrill@gmail.com and give us 30 days to resolve the disputeinformally. Most issues can be sorted out with a phone call.

Binding arbitration

If we cannot resolve a dispute informally, you and Foul Playagree that any dispute arising out of or relating to these Terms, the Site, orour services will be resolved by binding individual arbitration administered bythe American Arbitration Association under its Consumer Arbitration Rules,rather than in court.

The arbitration will be conducted in Brazoria County, Texas,or by telephone or video conference where the rules permit.

Class action waiver

You and Foul Play each waive any right to bring or participatein a class action, collective action, or representative proceeding. Thearbitrator may not consolidate claims or preside over any form of classproceeding.

Exceptions

Either party may bring an individual claim in small claimscourt if it qualifies. Either party may seek injunctive relief in court toprotect intellectual property rights.

Opt out

You may opt out of this arbitration agreement by sendingwritten notice to 1468 Highway 35 Byp. N, Ste G, Alvin, TX 77511 within 30 daysof first accepting these Terms. Your notice must include your name, address,and a clear statement that you wish to opt out of arbitration. Opting out doesnot affect any other part of these Terms.

21. Governing Law and Venue

These Terms are governed by the laws of the State of Texas,without regard to conflict of law principles.

Subject to Section 20, any action not subject to arbitrationmust be brought exclusively in the state or federal courts located in BrazoriaCounty, Texas, and you consent to the jurisdiction of those courts.

22. Indemnification

You agree to indemnify and hold harmless Foul Play and itsowners, officers, employees, and agents from any claims, damages, losses,liabilities, and expenses, including reasonable attorneys' fees, arising out ofyour violation of these Terms, your violation of any law, or your infringementof any third party's rights.

23. Changes to These Terms

We may update these Terms at any time. Changes take effectwhen posted to the Site with a revised "Last Updated" date. Yourcontinued use of the Site or our services after that date means you accept theupdated Terms. If you do not agree, stop using the Site.

24. General Provisions

Severability. If any provision of these Terms is foundunenforceable, that provision will be limited or removed to the minimum extentnecessary, and the remaining provisions will stay in full effect.

No waiver. Our failure to enforce any provision is nota waiver of our right to do so later.

Assignment. You may not assign these Terms. We mayassign them in connection with a merger, acquisition, or sale of assets.

Entire agreement. These Terms, together with ourPrivacy Policy, constitute the entire agreement between you and Foul Playregarding the Site and supersede any prior agreements.

Force majeure. We are not liable for any failure ordelay caused by events beyond our reasonable control, including severe weather,flooding, power outages, supply chain disruption, labor disputes, governmentaction, public health orders, or acts of God.

25. Contact Us

Foul Play Sports Bar & Grill

1468 Highway 35 Byp. N, Ste G

Alvin, TX 77511

Email: foulplaysportsbargrill@gmail.com

Phone: 281-824-4079

‍