Planet 5 Guardian Member Agreement

Effective Date: [To be set at launch] Last Updated: [To be set at launch]

This Member Agreement governs participation in the Planet 5 Guardian Circle membership program operated by Planet 5 ("Planet 5," "we," "us," or "our"). By enrolling in any Guardian level, you ("Member" or "you") agree to these terms.

This Agreement should be read alongside the Planet 5 Privacy Policy and Terms of Sale, which apply to all purchases made through Planet 5 properties.

1. Eligibility and Account

1.1 Age requirement. You must be at least 18 years of age, or the age of majority in your jurisdiction, to enroll in a Guardian membership.

1.2 Geographic eligibility at launch. Guardian memberships are available to residents of the United States and Canada at launch. Origin Expedition credits are honored globally regardless of member residency. Planet 5 may expand geographic eligibility for art and coffee benefits in future phases; international shipping surcharges may apply.

1.3 Account responsibility. You are responsible for maintaining the confidentiality of your member account credentials and for all activity that occurs under your account. Notify Planet 5 immediately of any unauthorized use.

1.4 One account per person. Each member holds one Guardian membership at a time. Multiple memberships, account stacking, and the use of false identities to obtain additional benefits are not permitted.

2. Billing and Renewal

2.1 Membership levels and pricing. Guardian memberships are offered at four levels: Explorer, Hero, Legacy, and Collector's Circle. Pricing for each level is published on the Planet 5 Guardian page and may be updated from time to time as set forth in Section 8.

2.2 Monthly and annual billing. Explorer, Hero, and Legacy memberships may be paid monthly or annually. Monthly Guardians are billed on the date of enrollment each month. Annual Guardians are billed on the same date each year. Annual Guardians who cancel before the year's end remain a Guardian through the paid-through date.

2.3 Collector's Circle. Collector's Circle is a one-time payment of five thousand United States dollars ($5,000 USD). It does not renew.

2.4 Rate protection for continuous members. Members who maintain continuous Guardianship at their current level retain their enrollment rate at renewal. If Planet 5 raises the published price for new Guardians, current Guardians at the affected level keep their existing rate for as long as their membership remains active without lapse. If a member cancels and rejoins at a later date, the then-current rate applies.

2.5 Payment methods. Guardian memberships are billed through the payment processor of record (currently Stripe). You authorize Planet 5 to charge your designated payment method for all amounts due, including renewals.

2.6 Failed payments. If a payment fails, Planet 5 will retry the charge over a period of approximately ten days. If payment cannot be collected within that window, the membership will pause and benefits will be suspended until payment is updated. After thirty days without successful payment, the membership will be terminated.

3. Cancellation and Refunds

3.1 How to cancel. Cancel your Guardian membership at any time from your Member account, or by contacting Planet 5 Member Support.

3.2 Effect of cancellation. Cancellation takes effect at the end of the current billing period. Guardian benefits remain active through that date. Members may continue to redeem unclaimed benefits during the remainder of the period.

3.3 Monthly memberships. Monthly periods are non-refundable. A member who cancels mid-month is not charged for the following month but is not refunded for the current month.

3.4 Annual memberships. Annual memberships are non-refundable after the first fourteen (14) days from purchase or renewal. Within the first 14 days, a member may request a full refund of the current annual payment, less the prorated value of any benefits already claimed or redeemed (including Annual Guardian prints, expedition credits applied, and coffee subscription bags shipped).

3.5 Collector's Circle refund window. Collector's Circle is fully refundable within the first thirty (30) days from purchase, less the value of any benefits already claimed or redeemed. After thirty days, Collector's Circle is non-refundable.

3.6 Termination by Planet 5. Planet 5 reserves the right to terminate or suspend a Guardian membership for material breach of this Agreement, including but not limited to chargebacks, abuse of benefits, fraudulent activity, or conduct that brings reputational harm to the brand or its partners. In the event of termination by Planet 5 without member fault, a prorated refund of unused membership fees will be issued.

4. Changing Your Level

4.1 Upgrades. Members may upgrade their Guardian level at any time. Upgrades take effect immediately. The price difference is prorated against the current billing period.

4.2 Downgrades. Downgrades take effect at the next renewal date. The current tier's benefits remain in effect through the period already paid for.

4.3 Unredeemed benefits at downgrade. Annual benefits at the higher tier (including the Annual Guardian print and unused Origin Expedition credits) must be claimed before the downgrade takes effect, or they are forfeited. Members who downgrade do not receive a prorated refund for unclaimed benefits.

4.4 Collector's Circle as an upgrade. Existing Explorer, Hero, or Legacy Guardians may apply to upgrade to Collector's Circle while founding member spots remain available. The full $5,000 payment is required at upgrade; current membership fees already paid are not credited against the Collector's Circle payment.

5. Benefits and Restrictions

5.1 Guardian Rate Discount

5.1.1 The Guardian rate (10%, 15%, 20%, or 25% depending on tier) applies to purchases of fine art and Everest Coffee Company products through Planet 5 properties. The Guardian rate also applies to the Everest Coffee Subscription product if subscribed separately.

5.1.2 The Guardian rate is not combinable with promotional discounts, gift card redemptions, or other member rates. Where multiple discounts could apply, the larger discount applies, not both.

5.1.3 The Guardian rate does not apply to Origin Expedition pricing (which uses separate Expedition Credits, see Section 5.4), third-party gallery sales, or items marked as final sale.

5.2 Complimentary Shipping

5.2.1 Complimentary shipping is offered as described on each member tier's published benefits. Shipping is provided to addresses in the United States and Canada at standard ground rates.

5.2.2 International shipping, expedited shipping, and oversized framed pieces (larger than 30 inches on the longest dimension) may incur surcharges, payable by the member at the time of order.

5.2.3 Risk of loss and title pass to the member upon delivery to the carrier.

5.3 Annual Guardian Prints

5.3.1 Hero, Legacy, and Collector's Circle members are entitled to Annual Guardian prints as described in their tier benefits.

5.3.2 Each year, Planet 5 publishes a curated selection of prints available for redemption at each eligible tier. Members select from the available options through their Member account.

5.3.3 Annual Guardian prints must be claimed within the membership year (defined as 12 months from the date of enrollment for monthly members, or the current annual term for annual members). Unclaimed prints do not roll forward to a subsequent year, are not exchangeable for cash, and are not transferable to another person.

5.3.4 Prints are fulfilled through Planet 5's print partner (currently FinerWorks) and delivered to the member's verified shipping address within approximately four to six weeks of claim.

5.3.5 The Collector's Circle signup print (the framed 24x36 museum print) is a one-time benefit issued at the time of enrollment. It is delivered within approximately six to eight weeks of payment confirmation.

5.4 Origin Expedition Credits

5.4.1 Legacy Expedition Credit. Legacy Guardians receive a one-time $1,000 Origin Expedition credit, applied to the member's first expedition booking. The credit must be redeemed within thirty-six (36) months of Legacy enrollment. Unredeemed credits expire and are not refundable.

5.4.2 Collector's Circle Expedition Credit. Collector's Circle members receive a $2,500 Origin Expedition credit applied to every Origin Expedition booking made by the member, for as long as the membership remains active under these terms. Only one $2,500 credit may be applied per expedition booking. Multiple credits may not be stacked or combined across members or trips.

5.4.3 Origin Expedition credits are non-transferable, non-cashable, and apply only to the Guardian named on the membership. Credits may not be assigned to another person, including spouses, family members, or travel companions, except where the additional traveler is sharing the same expedition slot booked by the Guardian.

5.4.4 Expedition booking, deposit, cancellation, and refund terms are governed by the Origin Expedition Booking Agreement, which is separate from this Member Agreement.

5.5 Everest Coffee Subscription Benefits

5.5.1 Legacy. Legacy Guardians receive one (1) bag of Everest Coffee per calendar month as part of their membership, shipped to the address on file. The subscription continues for as long as Legacy membership remains active.

5.5.2 Collector's Circle. Collector's Circle members receive one (1) bag of Everest Coffee per calendar month for twelve (12) consecutive months following enrollment, after which the included coffee benefit concludes. Collector's Circle members may continue to subscribe to Everest Coffee at the 25% Guardian rate.

5.5.3 Skip and pause options. Coffee subscription deliveries may be skipped with at least two (2) days' notice prior to the next billing cycle. Members may pause the subscription indefinitely through their Member account. Skipped or paused months do not extend the membership term or add bonus bags.

5.5.4 Address changes. Members are responsible for keeping the shipping address current. Coffee bags shipped to an outdated address are not replaced.

5.6 Early Access

5.6.1 Early access windows (24-hour, 48-hour, 72-hour, or First Access depending on tier) apply to new art collection releases and limited coffee drops. Early access does not guarantee allocation of limited editions, which are subject to availability.

5.6.2 First Access at Collector's Circle means the new release window opens to founding members before all other Guardian tiers and before public release.

5.7 Member Only Quarterly Field Dispatch

5.7.1 All Guardians at every tier receive the Member Only Quarterly Field Dispatch, delivered electronically to the email address on file approximately four times per year. The Field Dispatch includes behind the scenes content, member offers, and Planet 5 news.

5.7.2 Members may opt out of marketing communications while remaining eligible for the Field Dispatch by adjusting preferences in their Member account.

5.8 Gift Memberships

5.8.1 Hero, Legacy, and Collector's Circle Guardians may gift Explorer (and at Collector's Circle, Hero) memberships as described in their tier benefits. Gift memberships are issued as unique redemption codes through the Member account.

5.8.2 Recipients activate the gift through a Planet 5 account using the redemption code. Gifts are valid for redemption within twelve (12) months of issuance.

5.8.3 If a recipient already holds a Guardian membership, the gift extends the recipient's current term by the gifted period. Gifts may not be downgraded for cash equivalence or applied to higher tiers.

5.8.4 Gift memberships are non-refundable once redeemed.

5.9 One on One Welcome Video with Dirk (Collector's Circle)

5.9.1 Each new Collector's Circle Guardian receives one (1) thirty-minute video conversation with Dirk Collins, scheduled within ninety (90) days of enrollment subject to availability.

5.9.2 The welcome video conversation is a one-time benefit at enrollment and is not annual. Rescheduling once is permitted; subsequent rescheduling is subject to availability.

6. Collector's Circle Specific Terms

6.1 Lifetime defined. "Lifetime" Collector's Circle membership means for as long as the member maintains the membership in accordance with this Agreement, and for as long as Planet 5 continues to operate as an active brand. Lifetime is not measured by the natural lifespan of the member.

6.2 Limited to 100 founding members. The Collector's Circle is permanently capped at one hundred (100) founding members. Once the 100th member is enrolled, additional Collector's Circle memberships will not be offered at the $5,000 founding rate. Planet 5 reserves the right to offer a successor program at a different rate and structure in the future, which would not affect the standing of existing Collector's Circle members.

6.3 Non-transferable. Collector's Circle memberships are personal to the enrolling member. Memberships may not be sold, gifted, transferred to another individual, passed to heirs, or assigned in any form. The Collector's Circle membership terminates upon the member's death and is not honored to estates or beneficiaries.

6.4 Brand continuity. In the unlikely event Planet 5 ceases operations or transfers ownership in a manner that materially changes the brand, Planet 5 will provide ninety (90) days' notice to Collector's Circle members and reasonable accommodations regarding outstanding benefits where commercially feasible. The lifetime nature of the membership does not constitute a guarantee of continued operation.

7. Program Modifications

7.1 Benefit changes. Planet 5 reserves the right to modify, add to, or remove specific benefits at any tier, provided that material adverse changes are communicated to affected members at least thirty (30) days in advance, and members are offered the option to cancel and receive a prorated refund for the unused portion of their current term.

7.2 Pricing changes. Planet 5 may adjust the published price of any membership tier for new enrollees at any time. As stated in Section 2.4, continuous members retain their enrollment rate.

7.3 Terms changes. Planet 5 may update this Agreement from time to time. Material updates will be communicated to members at least thirty (30) days in advance through the email address on file. Continued membership after the effective date of an updated Agreement constitutes acceptance.

7.4 Discontinuation of the program. Planet 5 may discontinue the Guardian Circle program in whole or in part. In such an event, current members will be given at least ninety (90) days' notice and a prorated refund of unused membership fees, except in the case of Collector's Circle members, where outstanding benefits will be addressed under Section 6.4.

8. General Provisions

8.1 Member conduct. Members agree to engage with Planet 5 staff, partners, and other members in good faith. Conduct that is abusive, fraudulent, or that damages the brand or its partners is grounds for termination under Section 3.6.

8.2 Force majeure. Planet 5 is not liable for delays or failures in performance caused by events beyond its reasonable control, including but not limited to natural disasters, geopolitical events, supply chain disruption, pandemic, government actions, or acts of partner regions. Origin Expedition cancellations and rescheduling driven by force majeure are addressed in the Origin Expedition Booking Agreement.

8.3 Privacy and data. Member information is handled in accordance with the Planet 5 Privacy Policy. By enrolling, you consent to the collection and use of your information as described therein.

8.4 Limitation of liability. To the maximum extent permitted by applicable law, Planet 5's total aggregate liability under this Agreement is limited to the total membership fees paid by the member in the preceding twelve (12) months (or, for Collector's Circle, the original $5,000 payment). Planet 5 is not liable for indirect, incidental, consequential, or punitive damages.

8.5 Dispute resolution. Any dispute arising under this Agreement will first be subject to good-faith negotiation between the member and Planet 5. If unresolved within sixty (60) days, the dispute will be resolved through binding arbitration administered by [arbitration body to be selected] in [jurisdiction], except where applicable law preserves the member's right to small-claims court.

8.6 Governing law. This Agreement is governed by the laws of [state to be selected], without regard to conflict-of-law principles.

8.7 Entire agreement. This Agreement, together with the Planet 5 Privacy Policy and Terms of Sale, constitutes the entire agreement between the member and Planet 5 regarding Guardian membership and supersedes all prior agreements.

8.8 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions remain in full force and effect.

Contact

Questions about Guardian membership, billing, or this Agreement can be directed to:

Planet 5 Member Support [Email address to be set] [Phone number, if applicable, to be set]

This is a draft Member Agreement prepared for internal review. Before publishing, this document should be reviewed by qualified outside legal counsel to ensure compliance with consumer protection law, subscription disclosure requirements (including auto-renewal laws in California, Vermont, and other applicable states), and any jurisdiction-specific requirements that apply to Planet 5's operations.