Surf Bagel Loyalty Program Terms & Conditions
Effective Date: June 13, 2025
Welcome to the Surf Bagel Loyalty Program! We're stoked to have you. These Terms & Conditions ("Terms") explain how our Loyalty Program ("Program") works, what you agree to by participating in the Program, and how we handle your information. Please read them carefully.
1. Your Acceptance of These Terms
By enrolling in the Surf Bagel Loyalty Program, earning points, redeeming rewards, or otherwise participating in our Program in any way, you (referred to as "you," "your," or "Member") acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions in their entirety. Your participation is your agreement.
If you do not agree with any part of these Terms, please do not participate in the Program. You can choose not to join, or if you are already a member, you can opt-out or cancel your membership at any time by contacting us at loyalty@surfbagel.com or by following any specific cancellation instructions that may be provided in these Terms or on our website.
2. About the Surf Bagel Loyalty Program
Our Loyalty Program is our special way of saying "thank you" for being a loyal customer of Surf Bagel! The Program is operated by Surf Bagel Holdings, LLC (referred to as "Surf Bagel," "we," "us," or "our").
Where it Works: The Program is valid at all Surf Bagel restaurant locations in Delaware. For a current list of participating locations, please visit our website at https://surfbagel.com/
How it Works (Powered by Toast): We use Toast's loyalty platform ("Toast Platform") to manage our Program. This means that earning and redeeming points can happen in several convenient ways, whether you're in-store or ordering online:
Card-Linked: You can link a compatible credit or debit card to your loyalty account. Once linked, you can automatically earn points on eligible purchases when you use that card at our restaurants.
In-Store at the Point of Sale (POS): When you're ordering at the counter, simply provide our cashier with the email address or phone number associated with your loyalty account.
In-Store via Guest-Facing Display: If you're using one of our guest-facing displays, you can enter your email address or phone number to access your account.
Online Ordering (Surf Bagel Website/App): When placing an order through the official Surf Bagel website or mobile application, ensure you are signed into the account that is linked to your loyalty profile to earn or redeem points.
QR Code: You may be able to earn or redeem points by scanning a QR code found on your receipt or your digital loyalty card.
Local by Toast App: If you use the "Local by Toast" mobile application and are signed into your account, you may be able to interact with our Loyalty Program through that app.
3. Who is Eligible for the Program?
To be eligible to join and participate in the Surf Bagel Loyalty Program, you must meet the following criteria:
Age: You must be at least 18 years of age or older.
Residency: You must be a legal resident of the United States.
Individual Use Only: Membership is for individuals and personal use only. Each person is limited to one (1) loyalty account. Corporations, businesses, charities, partnerships, enterprises, or any other groups or associations are not eligible to participate.
Employee Limitations: Employees of Surf Bagel Holdings, LLC, and their immediate family members residing in the same household may be eligible for a modified version of the Program or may be excluded from certain benefits, at our sole discretion. Specific details regarding employee participation will be outlined in internal employee policies.
4. Joining the Program: Enrollment
Ready to start earning rewards? Here’s how you can join the Surf Bagel Loyalty Program. Enrollment is managed through the Toast Platform:
How to Enroll:
In-Store: You can enroll at any of our participating Delaware locations at the Point of Sale (POS) terminal or a Guest-Facing Display by providing our staff with your email address or phone number.
Online Ordering: You may be prompted to join when placing an order through our official website or mobile app (if available).
Digital Receipts: Look for a sign-up link on your digital receipt, which can take you to an online enrollment page.
Online Sign-Up Page: We may also provide a dedicated online rewards sign-up page on our website.
Information We Need (Required Data):
To create your loyalty account, you will need to provide either a valid email address OR a phone number. This will serve as your unique identifier for the Program.
We may also ask for your first and last name to help us personalize your experience and identify your account if you need assistance.
Optional Information (Like Your Birthday):
You may have the option to provide us with your birthday (month and day). This information is entirely optional and is not required to participate in the general benefits of the Loyalty Program. If you choose to share your birthday with us, we might send you a special offer or treat to help you celebrate!
Linking Your Payment Card:
You can link one or more of your credit or debit cards to your loyalty account for easier point earning.
How it Typically Works: When you pay for an order at one of our restaurants using a credit or debit card, and then either sign up for the Loyalty Program or access your existing loyalty account (e.g., by entering your email/phone on the payment terminal or looking up your account via a digital receipt link), that payment card can become linked to your loyalty account. Once linked, you can automatically earn points on future eligible purchases made with that card.
Important Note on Linking: According to Toast, the initial linking of a new credit or debit card to your loyalty account primarily occurs through an in-store transaction at our Point of Sale systems. Generally, new cards cannot be initially linked via online ordering, the Local by Toast app, or Toast Mobile Order & Pay®. This distinction is important: while initial linking is often in-store, once a card or your account is set up and linked, you can usually earn and redeem points through various channels, including online, as described elsewhere.
Card Verification: For security purposes, especially if you have multiple cards linked to your account, Toast may require you to verify your linked cards before you can redeem points. You can typically manage and verify your linked cards through your E-Rewards Card or digital loyalty card interface provided by Toast.
Account Creation: If a loyalty account does not already exist for the email address or phone number you provide, a new account will be created for you. If an account already exists under that identifier, your new activity will be associated with your existing account.
Your Consent to Data Use: By enrolling in the Loyalty Program, you are consenting to Surf Bagel Holdings, LLC collecting and using your personal information as described in these Terms and, more comprehensively, in our Surf Bagel Privacy Policy. You can find our Privacy Policy here: https://surfbagel.com/privacy-policy.
5. Earning Points
Earning points is simple! Here’s how it works:
Base Earning Rate: For every one U.S. dollar ($1.00) you spend on eligible purchases at participating Surf Bagel locations, you will earn three (3) points.
How Points Are Calculated: Points are calculated based on your net purchase total after any discounts or promotional offers have been applied, and before any taxes, gratuities, or delivery fees are added.
Eligible Purchases: You can earn points on most food and beverage items purchased at our participating Delaware restaurants.
What’s Not Eligible (Exclusions): Generally, you will not earn points on the following:
The purchase of Surf Bagel gift cards. (Points may be earned when a gift card is used to pay for eligible items, but not on the purchase of the card itself).
The purchase of Merchandise or Catering items.
Taxes, gratuities, and tips.
Delivery fees or other service charges.
The purchase of other items or services that we may specify as excluded from time to time, or as prohibited by law.
Any item that is discounted, including items redeemed for points.
Making Sure You Get Your Points:
Linked Card: If you are paying with a credit or debit card that is linked to your loyalty account, points should be earned automatically on eligible purchases.
Other Payment Methods/Unlinked Cards: If you are not using a linked card, or to ensure your purchase is associated with your account, you must identify yourself as a Loyalty Program Member before you complete your payment. You can do this by providing the email address or phone number associated with your account to our cashier.
Online Orders: If ordering through our official website or mobile app, make sure you are logged into your Surf Bagel account that is linked to your Loyalty Program membership.
Forgot to Use Your Account? (Retroactive Points): We understand that sometimes you might forget to identify yourself during a transaction. If this happens, we may, at our sole discretion, be able to add points for a recent eligible purchase. To request this, you will typically need to provide us with your original purchase receipt within seven (7) days) of the transaction. You can contact us at loyalty@surfbagel.com. Please understand that providing retroactive points is not guaranteed.
Important: We Can Change Earning Rates: Surf Bagel Holdings, LLC reserves the right to change the point earning rate, the list of eligible purchases, and any exclusions at any time. We will provide notice of any material changes to the earning structure as described in Section 8 (Changes to These Terms) of this document. This flexibility is important for us to adapt the Program to changing business needs and market conditions.
6. Redeeming Your Points for Rewards
Once you’ve collected enough points, you can redeem them for awesome rewards!
Our Menu of Rewards: You can use your accumulated points to get various rewards. These rewards may include discounts applied to your bill (like $X off your order) or specific menu items (like a free bagel or coffee).
The specific rewards available at any given time, and the number of points required to redeem each reward, will be displayed through the Toast Platform (which might be visible on the Toast app, on our website, or can be inquired about with our team members in-store). We aim to keep this information current, but please note that the rewards menu can change.
For example, 500 points might get you $5 off your order, or 750 points might allow you to redeem for a specific sandwich. (These are examples only; actual rewards and point values will vary).
How to Redeem Your Rewards:
In-Store: When you are ready to pay at one of our restaurants, if you have enough points for an available reward, you can choose to apply that reward to your order by providing the cashier with your loyalty account information.
Online / Mobile App Ordering: If you are signed into your Surf Bagel account (that is linked to your loyalty profile) when placing an order through our official website or mobile app, and you have rewards available, you may be prompted or see an option to redeem them before you complete your order.
No Cash Value – Points are Not Money: Your points and any rewards you earn have no cash value. They are not currency. They cannot be exchanged for cash, and they are not transferable. This means you cannot sell your points, give them to someone else, or combine them with another member's points, unless we explicitly state otherwise in a specific promotion.
Important Rule for Redeeming Points for Discounts:
When you choose to redeem your points for a cash discount reward (e.g., "$X off your order") using the Toast Platform, please be aware of how the system processes this. According to Toast, if you decide to redeem points for such a discount, the system may require you to use all of your available reward points that are less than or equal to the total balance due on your check. You may not be able to choose to use only a portion of your points if the value of an available reward tier is less than or equal to your check total.
For example, if you have 800 points, and a $5 discount reward costs 500 points, and your check total is $10, the system might apply the 500 points for the $5 discount. If your check total was $4, and you had a $5 reward available, the system might still use the 500 points but only discount $4. This is a specific functionality of the Toast Platform that we want you to be aware of to avoid any surprises.
Item-Based Rewards: If you redeem points for a specific menu item (e.g., "Free Large Coffee"), that's the reward you get. If the rewarded item has options or modifiers (like different sizes or add-ons, such as flavored syrup for the coffee), the reward description will specify if these are included or if they would be an extra charge.
Limitations on Redemptions:
Unless we explicitly state otherwise, rewards cannot usually be combined with other special offers, coupons, or discounts.
Generally, only one (1) reward may be redeemed per guest check or transaction, unless a specific promotion allows for more.
Reward Availability: All rewards are offered subject to their availability. We reserve the right to change the available rewards, and the points needed for them, at any time without prior notice.
7. When Your Points Expire
We want you to enjoy your points! However, to keep our Program active and manageable, your Surf Bagel Loyalty Program points will expire if your account shows no "qualifying activity" for a continuous period of twelve (12) months.
What is "Qualifying Activity"? For the purpose of keeping your points from expiring, qualifying activity means either:
Earning new points by making an eligible purchase that is credited to your loyalty account; OR
Redeeming existing points from your account for an available reward. Simply checking your balance or receiving a Program update email does not count as qualifying activity.
What Happens if Points Expire? If your account remains inactive (no earning or redeeming) for a full 12 months, all points that you have accumulated in your account up to that point will be automatically forfeited and removed. Your account balance will reset to zero.
8. Changes to These Terms or the Program
Surf Bagel Holdings, LLC reserves the right to change, suspend, or even terminate the Loyalty Program, these Terms, the way points are earned, the rewards offered, or any other aspect of the Program, in whole or in part, at any time. We can do this in our sole discretion, without providing compensation for unused points or rewards, and without necessarily providing prior notice for all changes.
Notice of Material Changes: If we make changes to these Terms or the Program that we consider "material" (meaning significant changes that could affect your rights or benefits, like a change in the point earning rate or expiration policy), we will make reasonable efforts to inform you. This will typically involve:
Posting the updated Terms on our official website (look for the "Effective Date" at the top of the Terms, which will indicate the date the new version takes effect). The link to the current Terms will be https://surfbagel.com/loyalty-terms-and-conditions
Posting the updated Terms within the Surf Bagel mobile app, if applicable.
We will also endeavor to send an email notification about material changes to the email address you have associated with your Loyalty Program account, if you provided one.
Your Right to Object to Material Changes & How Acceptance Works:
You will have thirty (30) days from the date the updated Terms are posted on our website (or from the date of our email notification to you, if later) to object to any material changes.
To object, you must send us a written notice of your objection. This notice must clearly state that you are objecting to the changes in the Loyalty Program Terms and that you wish to terminate your membership in the Program. You can send this written notice to us via:
Email: loyalty@surfbagel.com
Mail: Surf Bagel Holdings, LLC, Attn: Loyalty Program - Term Changes, P.O. Box 1618, Rehoboth Beach, DE 19971.
If you submit a valid written objection and request termination of your membership due to the changes, your membership will be terminated. Regarding any unused points in your account at that time, we may, at our discretion, allow you a reasonable period (e.g., 30 days from the date of your termination) to redeem these points under the terms that were in effect before the change, or they may be forfeited.
IMPORTANT: If you do not provide us with such a written objection within the 30-day period, or you continue to participate in the Loyalty Program after notification of the changes (for example, by earning new points or redeeming rewards), your continued participation will be considered your full acceptance of the changed Terms.
9. Your Privacy and Data Protection
At Surf Bagel, we value your privacy and are committed to protecting your personal information. Our collection and use of your personal data in connection with your participation in the Loyalty Program are governed by our Surf Bagel Privacy Policy. This Privacy Policy is an integral part of these Terms and is incorporated herein by reference. We strongly encourage you to review it carefully to understand our data practices. You can access our Privacy Policy here: https://surfbagel.com/privacy-policy.
Our Commitment to Delaware Law (DPDPA): Surf Bagel Holdings, LLC is committed to complying with applicable privacy laws, including the Delaware Personal Data Privacy Act (DPDPA).
What Personal Information We Collect for the Program: When you join and use our Loyalty Program, we collect certain personal information from you. This typically includes:
Your contact details (either your email address or phone number, which you provide at enrollment).
Your first and last name (if you choose to provide it).
Your transaction history related to your loyalty account (what you purchased, when, where, and points earned or redeemed).
Any optional information you decide to share, such as your birthday (month and day).
If you link a payment card to your account, we receive information related to those transactions to allow for point accrual.
How We Use Your Information: We use the personal information we collect for the Program for several purposes, including:
To administer the Loyalty Program effectively (e.g., track your points, process redemptions).
To provide you with the rewards and benefits you earn.
To personalize your experience with Surf Bagel.
To communicate with you about the Program (e.g., updates, point statements, information about your account).
If you have separately opted-in to receive marketing communications, we may also use your information to tell you about other Surf Bagel news, promotions, and events.
For internal analysis and reporting to help us improve our products, services, and the Program itself. All these uses will be further detailed in our full Privacy Policy: https://surfbagel.com/privacy-policy.
Your Rights Under the Delaware Personal Data Privacy Act (DPDPA):
Effective January 1, 2025, if you are a Delaware resident, the DPDPA provides you with several important rights regarding your personal data. We are committed to upholding these rights.
They include:
Exercising Your DPDPA Rights: To exercise any of your DPDPA rights, please email info@surfbagel.com. https://surfbagel.com/privacy-policy contains more detailed information on how you can submit these requests and how we will process them.
Understanding "Sale" of Personal Data under DPDPA: The DPDPA defines "sale" of personal data broadly to include "the exchange of personal data for monetary or other valuable consideration". Because participating in our Loyalty Program involves you providing personal information (like your purchase history to earn points) in exchange for valuable consideration (loyalty points, discounts, and other rewards), this exchange might be considered a "sale" under the DPDPA. Therefore, your DPDPA right to opt-out of the "sale" of personal data is relevant. If you choose to exercise this opt-out right as it pertains to the core data exchange of the Loyalty Program, it may affect your ability to participate in the Program or receive its benefits. Our Privacy Policy https://surfbagel.com/privacy-policy. will provide more details on how this opt-out works in the context of the Loyalty Program.
Consent for Sensitive Data: We do not intentionally collect "sensitive data" as defined by the DPDPA (this includes information like racial or ethnic origin, religious beliefs, health conditions, genetic or biometric data, or precise geolocation data) through this Loyalty Program without your explicit consent. If any feature of the Program in the future were to involve the collection of such sensitive data (for example, using precise geolocation from our mobile app for location-specific offers), we would first obtain your explicit opt-in consent before collecting or processing it.
Data Minimization: In line with DPDPA principles, we strive to limit our collection of your personal data to only what is adequate, relevant, and reasonably necessary for the purposes of operating the Loyalty Program and providing its benefits to you, as disclosed in these Terms and our Privacy Policy.
Opting Out of Marketing Communications: Participating in the Loyalty Program automatically opts you into all marketing communications. If you receive marketing emails from us, you can opt-out of receiving future marketing emails at any time by clicking the "unsubscribe" link typically found at the bottom of such emails.
Right to Lodge a Complaint: Under the DPDPA, you also have the right to lodge a complaint with the Delaware Department of Justice if you believe your privacy rights have been violated. You can typically contact their office regarding privacy matters at privacy@delaware.gov.
10. How We Protect Your Data & What Happens in a Data Breach
Our Commitment to Data Security: We take the security of your personal information very seriously. Surf Bagel Holdings, LLC implements and maintains reasonable administrative, technical, and physical safeguards designed to protect the personal information we collect through the Loyalty Program from unauthorized access, use, modification, disclosure, or destruction. Our approach to data security is guided by established frameworks, such as the U.S. Federal Trade Commission's (FTC) 5-principle framework for data security.
This framework includes these core ideas:
Take Stock: We work to understand what personal information we have, where it is stored, and who has access to it.
Scale Down: We aim to collect and keep only the personal information that we legitimately need for the purposes of the Loyalty Program.
Lock It: We employ security measures to protect the information we keep. This can include measures like encryption, access controls, and secure storage.
Pitch It: When we no longer need your personal information for the purposes it was collected, we securely dispose of it.
Plan Ahead: We develop and maintain plans to respond to potential security incidents.
Examples of specific measures we may use include data encryption where appropriate, implementing access controls to limit which personnel can view your data, and conducting periodic security assessments of our systems. While we strive to protect your information, it is important to remember that no security system is impenetrable.
Your Role in Data Security: You also play a part in keeping your information secure. If your Loyalty Program account has any login credentials (like a password for an online account), you are responsible for keeping those credentials confidential and not sharing them.
Data Breach Notification:
In the unfortunate event of a "breach of security" involving your unencrypted personal information that we own or license, we will notify you as required by Delaware law (specifically, 6 Delaware Code § 12B-101 et seq.).12 A "breach of security" generally means an unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information.
Timing of Notification: If a breach occurs, we will provide notice to affected Delaware residents without unreasonable delay, and generally no later than 60 days after we determine that a breach has taken place. This timeframe may be extended if a law enforcement agency determines that notification would impede a criminal investigation and requests a delay.
Content of Notification: The notice will typically describe, to the best of our ability:
The nature of the breach.
The types of personal information that were or may have been involved.
The steps we are taking to address the breach and prevent future incidents.
Steps you can take to protect yourself from potential harm (e.g., monitoring your accounts).
Notification to Attorney General: If a breach of security affects more than 500 Delaware residents, we are also required to notify the Delaware Attorney General no later than the time when notice is provided to affected residents.
Social Security Numbers: Our Loyalty Program does not require you to provide your Social Security number, and we do not intentionally collect it for Program purposes. However, for completeness, Delaware law states that if a breach involves Social Security numbers, the notifying person must offer affected residents free credit monitoring services for one year, unless an appropriate investigation reasonably determines that the breach is unlikely to result in harm.
As the "controller" of the personal data collected for our Loyalty Program, Surf Bagel holds the primary responsibility for ensuring its security and for providing legally required notifications in the event of a breach, even when data is processed by third-party service providers like Toast. This underscores the importance of our contractual agreements with such providers, as discussed in Section 11.
11. Third-Party Platforms
To provide you with the Surf Bagel Loyalty Program, we rely on third-party service providers. Most notably, we use Toast, Inc. ("Toast"), which provides the technology platform for managing your loyalty accounts, tracking points, and processing reward redemptions.
Toast as Our Service Provider: Toast acts as a "processor" or "service provider" for us under applicable privacy laws like the DPDPA. This means Toast processes your personal information on our behalf and according to our instructions. We have a Data Processing Addendum (DPA) or a similar contractual agreement in place with Toast, as required by laws like the DPDPA. This agreement outlines Toast's responsibilities regarding the security and processing of your data. The existence of such an agreement is a key component of our data governance and compliance efforts.
Our Responsibility vs. Toast's: While we select our service providers with care and diligence, Surf Bagel Holdings, LLC is not responsible for the independent performance, availability, or security of Toast's platform itself. This means we are generally not liable for issues such as:
Outages or service disruptions that originate solely within Toast's systems.
Data breaches that occur exclusively within Toast's systems due to their own security failures (unless such failures were a direct result of our negligence or failure to meet our own obligations).
Issues arising from your direct agreement to Toast's own terms of service or privacy policies when you use Toast services independently (for example, if you create an account directly with the "Local by Toast" app for use with multiple restaurants).
Third-Party Terms May Apply: Your use of certain features or services provided by Toast, such as the Local by Toast app, may also be subject to Toast's own separate terms and conditions and privacy policy. If you use such services, you should review Toast's terms to understand their practices and your agreement with them.
General Disclaimer: We are not responsible for the data practices, policies, or security of any third-party platforms or services that we do not own or control, even if they are linked to or integrated with our Loyalty Program.
It's important to understand this distinction: Surf Bagel is responsible for how we instruct Toast to use your data for our Program, but Toast is responsible for the operation and security of its own platform.
12. Responsible Use of Your Account
We expect all Members to use their Loyalty Program account responsibly and honestly. You agree not to engage in any fraudulent, abusive, or unauthorized activity in connection with the Program. Prohibited actions include, but are not limited to:
Creating or attempting to use more than one loyalty account for a single individual.
Attempting to earn points through dishonest means, such as by tampering with transaction details, falsifying purchases, or exploiting system errors.
Selling, bartering, trading, gifting, transferring, or otherwise sharing your points, rewards, or your account with any other person or entity, except if and as expressly permitted by us in a specific written promotion (which is not generally the case).
Using the Loyalty Program for any commercial purpose or on behalf of any business or organization.
Any other conduct that Surf Bagel, in its sole discretion, deems to be abusive, fraudulent, unethical, harmful to the Program's integrity, or otherwise in violation of these Terms. .
Consequences of Misconduct: If Surf Bagel, in its sole discretion, has reason to suspect any fraud, abuse, or violation of these Terms related to your Loyalty Program account, we reserve the right to take one or more of the following actions, with or without prior notice to you:
Immediately suspend or permanently terminate your membership in the Loyalty Program.
Cause you to forfeit any and all accumulated points and/or unredeemed rewards in your account.
Take any other legal action that we deem appropriate to protect Surf Bagel's interests.
Reporting Suspicious Activity: If you become aware of or suspect any unauthorized or suspicious activity related to your Loyalty Program account, please contact us immediately at loyalty@surfbagel.com for a small bagel related reward.
13. Refunds & Cancellations
This section explains how refunds, order cancellations, and account cancellations affect your points and rewards.
Impact of Returned Items or Refunded Purchases on Points: If you earn points on a purchase and later return an item from that purchase (or the entire purchase is refunded), the points you originally earned for the returned or refunded portion will be deducted from your loyalty account balance.
Negative Point Balance: If a deduction for a return or cancellation results in your account having a negative point balance, any future points you earn will first be applied to offset this negative balance until it reaches zero or positive.
Redeemed Rewards on Refunded/Cancelled Orders: If you used a reward (such as a dollar-off discount or a free item) on a purchase that is later fully refunded or cancelled, we will handle the adjustment of your points on a case-by-case basis.
Generally, if a discount reward was applied and the entire transaction is voided, we will endeavor to reinstate the points you used for that reward.
However, this is not guaranteed, especially if the reward was for a specific item that was consumed or partially consumed before the refund or cancellation occurred. Our decision in such cases will be final.
Cancellation of Your Membership by You: You have the right to cancel your membership in the Surf Bagel Loyalty Program at any time. To do so, please contact us at loyalty@surfbagel.com and request cancellation. Upon cancellation of your membership by you, any unused points and unredeemed rewards remaining in your account will be immediately and automatically forfeited. You will not be able to redeem them after cancellation.
Program Termination or Suspension by Surf Bagel: Our rights to terminate, suspend, or modify the Program are described in Section 8 (Changes to These Terms or the Program) of this document.
14. Important Information About Allergens & Dietary Needs
Your health and safety are important to us. Please read the following information regarding food allergens and dietary needs:
Common Allergens Present: Please be aware that food items prepared and served at Surf Bagel restaurants may contain or come into contact with common food allergens. These allergens include, but are not limited to: milk, eggs, wheat (gluten), soybeans, tree nuts (such as almonds, walnuts, pecans, etc.), peanuts, fish, and shellfish. We may also use other ingredients that some individuals are sensitive to.
Risk of Cross-Contamination: We take operational steps to try to minimize the risk of cross-contamination of allergens in our kitchens. However, because we operate with shared cooking and preparation areas, shared equipment, and open kitchen environments, we cannot guarantee that any menu item will be completely free of a particular allergen. Cross-contamination is a possibility.
Ingredient Variability: Please also be aware that the formulations of ingredients we use can sometimes change without our immediate knowledge, as manufacturers may alter their products. While we strive to keep our ingredient information up to date, there may be occasions where variations occur.
Your Responsibility – Please Inform Us: If you have a food allergy, intolerance, or any specific dietary concern or restriction, it is crucial that you inform your server or a manager before you place your order. This allows our team to provide you with information about ingredients and preparation, and to discuss whether we can reasonably accommodate your needs. However, you are ultimately responsible for making your own informed decisions about what you choose to eat.
Disclaimer: Surf Bagel Holdings, LLC, its employees, and agents will not be liable for any adverse reactions or health issues arising from food consumed at our establishments, or items one may come into contact with, if you have not informed us of your specific food allergy, intolerance, or dietary restriction prior to ordering. This disclaimer is essential for managing the inherent risks associated with food service and allergies, and it underscores the shared responsibility in managing these situations.
15. Disclaimers & Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF SURF BAGEL HOLDINGS, LLC.
Program Provided "As-Is" and "As Available": THE SURF BAGEL LOYALTY PROGRAM, INCLUDING ALL ITS BENEFITS, REWARDS, AND ASSOCIATED SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM.
No Guarantee of Uninterrupted or Error-Free Access: WE DO NOT WARRANT OR GUARANTEE THAT THE LOYALTY PROGRAM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR ALWAYS AVAILABLE, OR THAT ANY DEFECTS WILL BE CORRECTED. ACCESS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
Exclusion of Indirect and Consequential Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SURF BAGEL HOLDINGS, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "SURF BAGEL PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO:
YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE LOYALTY PROGRAM OR ANY OF ITS BENEFITS;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ASSOCIATED WITH THE PROGRAM (INCLUDING OUR SERVICE PROVIDER, TOAST); OR
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT INFORMATION OR DATA; WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE SURF BAGEL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE SURF BAGEL PARTIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, YOUR PARTICIPATION IN THE LOYALTY PROGRAM, OR ANY BENEFITS OR SERVICES PROVIDED IN CONNECTION THEREWITH, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
Applicability of Limitations Under State Law: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES (SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES). THEREFORE, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS IS INTENDED TO AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU UNDER YOUR LOCAL LAW.
16. Governing Law & Venue for Disputes
These Terms, your participation in the Surf Bagel Loyalty Program, and any disputes arising out of or related thereto shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America. This choice of law will apply without regard to Delaware's conflict of law principles.
You agree that any legal action, lawsuit, or proceeding arising out of or relating to these Terms or the Loyalty Program that is not subject to mandatory arbitration (as described in Section 17 below, if that section is included and applicable) shall be brought exclusively in the state or federal courts located in Sussex County, Delaware. You hereby irrevocably consent to the exclusive jurisdiction and venue of such courts for such matters.
17. Resolving Disputes: Arbitration & Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Agreement to Arbitrate (Scope): You and Surf Bagel Holdings, LLC agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, the Surf Bagel Loyalty Program, your enrollment or participation in it, any products or services received through it, or the breach, termination, enforcement, interpretation, or validity of these Terms (including the determination of the scope or applicability of this agreement to arbitrate) shall be resolved exclusively by binding arbitration rather than in court. The arbitration will take place in Sussex County, Delaware, before a single, neutral arbitrator.
Arbitration Procedure: The arbitration shall be administered by the American Arbitration Association (AAA) and will be conducted pursuant to its then-prevailing Consumer Arbitration Rules (or if an arbitrator deems those inapplicable, then its Commercial Arbitration Rules). You can obtain a copy of these rules from the AAA website (www.adr.org) or by calling the AAA. Judgment on the arbitrator's award may be entered in any court having competent jurisdiction. This arbitration clause shall not preclude either party from seeking emergency equitable relief or provisional remedies in aid of arbitration (such as a temporary restraining order) from a court of appropriate jurisdiction.
Federal Arbitration Act Governs: This agreement to arbitrate evidences a transaction involving interstate commerce. Accordingly, the Federal Arbitration Act (9 U.S.C. § 1 et seq.) shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration provision.
CLASS ACTION WAIVER: YOU AND SURF BAGEL HOLDINGS, LLC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, unless both you and Surf Bagel agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding. If this Class Action Waiver is found to be unenforceable, then the entirety of this arbitration provision (Section 17) shall be null and void with respect to such proceeding, and the dispute must be litigated in a civil court of competent jurisdiction as set forth in Section 16, but the remainder of these Terms will continue to apply.
WAIVER OF JURY TRIAL: BY AGREEING TO ARBITRATION, BOTH YOU AND SURF BAGEL HOLDINGS, LLC ARE KNOWINGLY AND VOLUNTARILY WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTES COVERED BY THIS ARBITRATION AGREEMENT.
Option to Opt-Out of Arbitration: You may choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice"). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you first enroll in the Loyalty Program or otherwise become subject to this arbitration provision. You must mail the Opt-Out Notice to: Surf Bagel Holdings, LLC, Attn: Legal Department - Arbitration Opt-Out, P.O. Box 1618, Rehoboth Beach, DE 19971. Your Opt-Out Notice must include your full name, your current address, the email address or phone number associated with your Loyalty Program account, and a clear statement that you wish to opt-out of this arbitration agreement. If you opt-out, neither you nor Surf Bagel can require the other to participate in an arbitration proceeding covered by this section. Opting out of this arbitration provision has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
18. Other Important Legal Stuff
Here are a couple of standard but important legal provisions:
Severability: If any provision of these Terms (or any part of a provision) is found by a court of competent jurisdiction or other authorized authority to be invalid, illegal, or unenforceable, that specific provision or part-provision shall, to the extent required, be deemed to be deleted from these Terms. However, the validity, legality, and enforceability of all other remaining provisions of these Terms shall not be affected or impaired in any way.
No Waiver: If Surf Bagel Holdings, LLC fails to exercise, or delays in exercising, any right, power, or privilege that we have under these Terms, this will not mean that we have waived that right, power, or privilege. Similarly, if we exercise a right, power, or privilege only partially or on one occasion, it will not prevent us from further exercising that right or any other right, power, or privilege in the future. For any waiver of a provision of these Terms to be effective, it must be in writing and signed by an authorized representative of Surf Bagel Holdings, LLC.
19. How to Contact Us
If you have any questions, comments, or concerns about the Surf Bagel Loyalty Program, these Terms & Conditions, or your account, please don't hesitate to get in touch with us. Here’s how:
Email: loyalty@surfbagel.com
Mail:
Surf Bagel Holdings, LLC
Attn: Loyalty Program
P.O. Box 1618
Rehoboth Beach, DE 19971
Website: https://surfbagel.com/
20. Version History
To ensure transparency and for your records, we maintain a history of these Terms & Conditions.
Current Version: June 13, 2025
Prior Versions:
Please click the button below to view the Surf Bagel Loyalty Terms & Conditions Archive