WELCOME TO THE
Family Express MONTHLY Beverage SUBSCRIPTION PROGRAM
Terms and Conditions
Effective Date: June 15, 2025
1. Acceptance of Subscription Terms and Conditions. These terms and conditions (the “Terms”), as amended from time to time (hereinafter, the “Agreement”), shall govern your participation in and use of the Family Express Monthly Beverage Subscription Program (the “Subscription” or “Membership”) available for enrollment through the Family Express mobile application as downloadable on the Apple App Store and Google Play (the “App”) or online through F.E. Perks on the Family Express website available at www.familyexpress.com (the “Site”). The Subscription is provided by Family Express Corporation, an Indiana corporation (“Family Express,” “Company,” “we,” or “us”). This Agreement constitutes a binding agreement between you and Family Express and is to be read in connection with Family Express’ Terms of Use, available at www.familyexpress.com/terms-of-use, as amended from time to time (the “Terms of Use”), and Privacy Policy, both of which are incorporated into and made part of this Agreement by reference. When you sign up for, and each time you use, the Subscription, you signify that you agree to be bound by this Agreement. If you do not agree to this Agreement, do not subscribe. Furthermore, if, at any time during your Subscription, you no longer agree with this Agreement or any updates to this Agreement (see Section 2 below), then you must cancel your Subscription or you will be bound by this Agreement and any updates to these Terms. In the event of a conflict between the Terms of Use or the Privacy Policy with this Agreement, this Agreement controls with respect to your Subscription.
IMPORTANT: THIS AGREEMENT INCLUDES RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND A CLASS ACTION WAIVER, WHICH REQUIRES THAT ANY ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. SEE SECTION 9 BELOW.
You must be 18 years of age or older to subscribe to the Subscription.
2. Updates to this Agreement. Family Express reserves the right to update, change or modify this Agreement at any time. Depending on the nature of the change or update, Family Express may provide notice by posting the new Agreement at https://www.familyexpress.com/bevsubscriptionterms and in the App with a new effective date shown. Family Express reserves the right to update, change, modify, or terminate the Subscription and/or any Subscription Benefits at any time (including converting the Subscription into another subscription program) in its sole and absolute discretion. All such changes in the Agreement shall be effective from the effective date set when posted. You waive any right you may have to receive specific notice of such updates, changes, or modifications.
3. Electronic Form. By accessing the Subscription, you consent to have this Agreement provided to you in electronic form. You also consent to receive communications related to your Subscription electronically, including, without limitation, through email, mobile push notifications, or notices and messages through the Subscription services, and you can retain copies of these communications for your records. You consent to receiving such communications from Family Express on any day of the week and at any time of day. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Your Subscription. By signing up for the Subscription, you agree to provide, maintain, and properly update true, accurate, current, and complete account information. Registration and redemption are available to consumers in participating Family Express stores, who are 18 or older, subject to Family Express’ verification, in its sole discretion. There is a limit of one Subscription per person and a Subscription cannot be shared. Without limitation of the foregoing, we reserve the right to reject, cancel, suspend, or terminate any Subscription registration or any Subscription at our sole discretion. You must be a F.E. Perks member to join the Subscription. The F.E. Perks account is available to any person 18 years of age or older for no additional cost or fee. There are three ways to create a F.E. Perks account:
5. Subscription Benefits.
Monthly Subscription
The initial price of your Subscription will reflect the current advertised price of the Subscription at the time of your enrollment. The Subscription fee is subject to adjustment at Family Express’ sole discretion, in each instance, and shall, at all times, reflect the then-current advertised price (the “Monthly Fee”). The Subscription price is subject to change at the sole discretion of Family Express with 30 days’ advance notice to You.
The Subscription provides eligible subscribers access to the following Subscription Benefits: in-store, self-dispensing Java Wave, Beverage Bay, and Squeeze Freeze beverages (availability varies by store) every four (4) hours during normal store operating hours at participating U.S. Family Express stores each day during the corresponding month for which payment was made (“Daily Beverage Rewards”). Beverages may vary by location and time of day. Excludes all other beverages, including, without limitation, bottled beverages, smoothies, and milkshakes. Other additions such as milk, non-dairy creamer, half & half, and sweeteners are included in the Subscription (availability varies by store).
Daily Beverage Rewards expire every day at 11:59 PM local time. Any unused Daily Beverage Reward is considered forfeited and will not be refunded or carried over to the next day. Not valid on online orders or orders placed on third party sites, including third party delivery sites. Not valid with any other coupon or offer. Applicable taxes shall apply to the Monthly Fee. We reserve the right at any time and in our sole discretion to verify a subscriber’s eligibility and compliance with this Agreement, including, without limitation, ensuring that the Subscription is not being used for a commercial purpose. Subscription transactions do not count as a visit or purchase towards purchase-based F.E. Perks rewards.
6. Charges to Your Payment Method. Subscribers must sign up for an F.E. Perks account and store their method of payment to their F.E. Perks account to activate their Subscription. Major credit cards are generally accepted for payment for the Subscription and as your stored method of payment, but Family Express reserves the right, in its sole discretion, to reject debit cards, pre-loaded cards, or similar payment methods. Gift cards are not accepted for payment for the Subscription. Family Express will charge you for your Subscription using the payment method(s) you provide at the time of enrollment, unless otherwise updated. By enrolling in the Subscription, you authorize Family Express to charge your payment method(s) for the Subscription Monthly Fee then in effect for the Subscription whether you use the Subscription benefits or not, until cancelled by you, or as otherwise cancelled or terminated, as described in this Agreement. Your Subscription provides you the opportunity to use applicable Subscription Benefits and your non-use will not obligate Family Express to provide you with any refund, in whole or part, of your Subscription Monthly Fee. Family Express reserves the right to correct any errors or mistakes that we make, even if we have already requested or received payment. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription, we may cancel, suspend, or otherwise terminate your access to the Subscription until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as transaction fees or other fees relating to the processing of your payment method. Check with your payment method service provider for details.
7. Recurring Billing and Cancellation.
7.1. Recurring Billing. By enrolling in the Subscription, you authorize Family Express to charge your payment method for the Monthly Fee, on a recurring monthly basis (each a “Billing Cycle”) beginning on the day you start your Subscription and every 30 days thereafter (each, a “Monthly Term,” and collectively, the “Term”) until your Subscription is cancelled or terminated (which we may do at any time) in accordance with this Agreement by either party. You hereby accept responsibility for all recurring charges made to your payment method(s) prior to cancellation or termination. Unless and until your Subscription is cancelled or terminated, your Subscription will be automatically extended for successive Monthly Terms at the then-current Subscription Monthly Fee. If your Subscription is cancelled or terminated, you may use your Subscription Benefits until the end of the applicable Billing Cycle and your Subscription will not be renewed after that Billing Cycle ends. Your non-termination or continued use of the Subscription reaffirms that Family Express is authorized to charge your payment method(s) on a recurring basis for each Billing Cycle during the Term. Family Express may submit those charges for payment, and you will be responsible for such charges. FAMILY EXPRESS MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE FAMILY EXPRESS REASONABLY COULD ACT.
TO TERMINATE YOUR AUTHORIZATION, VISIT YOUR F.E. PERKS ACCOUNT SETTINGS ON THE SITE OR ON YOUR MOBILE FAMILY EXPRESS APP.
7.2 Changes or Cancellation. To change or cancel your Subscription at any time, log into your F.E. Perks account on the Site or on the App and click on “Manage My Subscription.” You can also call Family Express Customer Service at 219-462-0144 to cancel your Subscription. Your cancellation request must be submitted at least 24 hours before the start of the next Billing Cycle. If you cancel your Subscription, you may use your Subscription Benefits until the end of the Billing Cycle and your Subscription will not be renewed once that Billing Cycle ends. In such event, you will not be entitled to a prorated refund of any unused portion of the Subscription Monthly Fee. If you cancel your Subscription but want to re-enroll, you may do so by visiting your F.E. Perks Account settings on the Site or on the App.
7.3 Change in Amount Authorized. Any changes to the Monthly Fee will be communicated to you with at least thirty (30) days' advance notice. Your continued use of the Subscription after the notice period constitutes acceptance of the new Monthly Fee. If you do not agree to the price change, you must cancel your Subscription before the new Monthly Fee takes effect. Any agreement you have with the issuer of your payment method(s) will govern your use of your payment method(s) as a payment mechanism.
8. Current Information Required. YOU MUST PROMPTLY NOTIFY FAMILY EXPRESS BY EMAIL AT INFO@FAMILYEXPRESS.COM IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT, USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE TO YOUR F.E. PERKS ACCOUNT SETTINGS. IF YOU FAIL TO NOTIFY FAMILY EXPRESS OF ANY OF THE FOREGOING, YOU AGREE THAT FAMILY EXPRESS MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION, UNLESS WE HAVE EVIDENCE THAT YOU HAVE TERMINATED YOUR SUBSCRIPTION.
9. Dispute Resolution; Arbitration Agreement; Class Action Waiver. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE CONSUMER RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
For purposes of this Section 9, “Family Express” or “we” shall include Family Express Corporation and its subsidiaries, affiliates, agents, employees, officers, directors, successors, and assigns.
(a) MANDATORY NOTICE OF DISPUTE AND INFORMAL DISPUTE RESOLUTION PROCESS
If you and Family Express have a Dispute (defined below) and our customer service team is unable to resolve your concerns, you and Family Express agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding by first providing the other party with a detailed written notice (“Notice of Dispute”), which must include: (i) your/our name and contact information (address, telephone number, email address, and account number if applicable); (ii) sufficient information to identify any transaction at issue (including any receipts or purchase details); (iii) the nature and basis of the Dispute, with any supporting information and documentation; and (iv) a statement of the specific relief sought and any damages incurred, if any. A Notice of Dispute must be emailed to the Family Express Corporation at legal@familyexpress.com and to you via the email address associated with your F.E. Perks account.
For a period of 60 days from the date of receipt of a complete Notice of Dispute, you and Family Express agree to make attempts to resolve the Dispute amicably, and not to commence an arbitration proceeding until the 60-day post-notice resolution period expires, which period may be extended by agreement of the parties. If an agreement cannot be reached within 60 days of receipt of the Notice of Dispute, you or Family Express may commence an arbitration proceeding pursuant to the procedure outlined below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
(b) ARBITRATION AGREEMENT.
IF WE ARE UNABLE TO RESOLVE ANY DISPUTE THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS, YOU AND WE AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY FAMILY EXPRESS PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, FRANCHISEES, SUBSIDIARIES AND/OR RELATED COMPANIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE SITE OR APP, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, BENEFITS, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE SUBSCRIPTION, APP, SITE, AND/OR ANY APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE ("DISPUTES"), SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. YOU AND WE AGREE THAT THIS AGREEMENT EXTENDS TO ALL EXISTING AND FUTURE DISPUTES BETWEEN US, INCLUDING ANY DISPUTES THAT AROSE PRIOR TO YOUR ACCEPTANCE OF THIS AGREEMENT.
Any dispute, claim, or controversy arising out of or related to this Agreement, your Subscription, or any interactions with Family Express related thereto, that has not been resolved by the informal dispute resolution process identified above will be resolved exclusively through binding arbitration administered by one (1) arbitrator under the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. To commence arbitration, a Demand for Arbitration must be executed and served on Family Express’ Legal Department, at 213 S. State Road 49, Valparaiso, Indiana 46383 pursuant to instructions provided by AAA to submit a Dispute to arbitration. Service of the Demand for Arbitration on you will be sent to the address you last provided in your F.E. Perks account. The AAA will select an arbitrator within thirty (30) days of receipt of the Demand for Arbitration. Arbitration will proceed on an individual basis only; collective, class, or representative actions are expressly prohibited. The arbitration shall take place in-person in the county geographically closest to Family Express’ principal office address, unless the parties otherwise expressly agree in writing to a different venue, which shall be valid and enforceable only when executed by both parties. This agreement for arbitration is governed by the Federal Arbitration Act and preempts any state laws to the contrary.
By agreeing to these terms, you waive your right to a trial by jury or to participate in any class or collective proceedings. Arbitration will occur in a location mutually agreed upon or determined by the arbitrator, and any award rendered shall be final and binding. For more information on AAA rules or to initiate arbitration, visit their website at www.adr.org. Exceptions to arbitration include claims that qualify for small claims court or instances where arbitration is deemed unenforceable.
(c) FUTURE CHANGES TO DISPUTE RESOLUTION SECTION.
Notwithstanding any provision to the contrary, you agree that if Family Express makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within 30 days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you agree that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.
(d) NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY DISPUTE. Further, unless both you and Family Express expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding.
10. Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, relating thereto. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing waiver of any such term, provision, or condition or as a waiver of any other term, provision, or condition of this Agreement. No failure or delay in exercising any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, remedy, power, or privilege hereunder. This Agreement shall be governed by the laws of Indiana without regard to rules of conflict of law. Exclusive venue for any action brought hereunder will be Indiana and in federal or state courts closest to Valparaiso, Indiana. This Agreement shall be binding upon and inure to the benefit of each of parties hereto and their respective successors and assigns; provided, however, that the Requester shall not have the right to assign this Agreement without the prior written consent of Family Express. In any action or proceeding arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party thereto all costs and expenses incurred by the prevailing party including, without limitation, reasonable attorneys’ fees. The section headings contained in this Agreement are for convenience and reference purposes only and shall not affect the meaning or interpretation of this Agreement. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, nor shall it affect the validity, legality, or enforceability of such provision in any other jurisdiction, and the parties agree to negotiate in good faith to modify such provision to preserve, to the maximum extent possible, the original intent thereof.