The Formation Membership Terms

Updated: July 2024

Where The Formation Membership Program Terms and Conditions (“Membership Program Terms”) are subject to and made a part of the broader TFR Shoes Terms of Use, as applicable, and apply to your access to and participation in the The Formation Membership Program (the “Membership Program”). You agree and acknowledge that TFR may process your personal information in connection with your participation in the Membership Program in accordance with our Privacy Policy.

The Membership Program is operated by TFR Shoes. Except as described herein, these Membership Program Terms do not alter in any way the broader Terms of Use, or terms or conditions of any other agreement you (“Member,” “you,” or “your”) may have with TFR Shoes for other products and services. To the extent there are conflicts between these Membership Program Terms and the broader TFR Shoes Terms of Use, as applicable, these Membership Program Terms will control with respect to the Membership Program.

OVERVIEW OF MEMBERSHIP PROGRAM

The Membership Program consists of one level (the “Membership Level”): a free-to-join level (the “The Formation Founders Level”) available to all eligible guests with a The Formation account (you can sign up online through tfrshoes.com or The Formation Member Site).

CHANGES; MODIFICATIONS

The Formation may change, modify, limit, and/or eliminate the Membership Program and/or all or any portion of these Membership Program Terms or any policy pertaining to the Membership Program from time to time and at its discretion, including the following: (a) the benefits offered to each Membership Level under the Membership Program; (b) the requirements for membership within each Membership Level; (c) the number of Membership Levels available; (d) the manner in which benefits are earned and redeemed; (e) the eligibility criteria; and (f) any dates, timelines or time periods relevant to these Membership Program Terms. Should we make such an amendment, we will post the changes to the Membership Program Terms as required by applicable law and will indicate the date the Program was last revised.

Should we make such an amendment, we will post the changes to the Membership Program Terms as required by applicable law and will indicate the date the Program was last revised.

In addition, where required by law or at our discretion, we will provide notice of such amendment to Members using email and/or your mailing address, or any other contact information we have for you at our discretion.

ELIGIBILITY

To be eligible to participate in the Membership Program, you must (a) be a current resident of the 50 United States, the District of Columbia, or Canada; (b) be a natural person at least 18 years of age (or the age of majority in your jurisdiction of residence, whichever is older); and (c) have a The Formation account (you can sign up online).

Membership benefits are only available while you are in the 50 United States, the District of Columbia, or Canada. You may only have one Membership Program account. The Membership Program is intended for personal use only; commercial entities are not eligible to participate. Unless otherwise allowed by us, your Membership Program account and associated benefits may not be assigned, transferred, or shared with family or friends, and your account and associated benefits are not intended for purchasing items for resale.

JOINING THE MEMBERSHIP PROGRAM; OPT-OUT

You can create your The Formation account and join the Membership Program on The Formation Member Site or tfrshoes.com by providing the requested information and agreeing to these Membership Program Terms.

A current, valid email address is required for you to be able to participate in and receive benefits in connection with the Membership Program. To notify The Formation of a change of email address, update your account information online on The Formation Member Site.

You may opt out of the Membership Program at any time by canceling your The Formation account. To cancel your account, submit a deletion request via email at info@tfrshoes.com. If you cancel your account or if your participation in the Membership Program is otherwise terminated, you will not be able to use the benefits of the Membership Program, including in relation to purchases made while a Member of the Membership Program, and all such benefits will become void.

MEMBERSHIP PROGRAM BENEFITS - The Formation FOUNDERS LEVEL

Members enrolled at the Founders Level are eligible for the following benefits, each of which are subject to exceptions as noted:

Early access to product drops: Members will be given the ability to view and purchase select early access items before they are generally available in stores or to customers not part of the Membership Program.

Free exchanges and returns: Subject to the RETURN POLICIES, Members may return or exchange items with the restocking fee waived so long as the purchase was linked to their account at the time of sale.

Digital collectibles: Members will receive a free, unique digital collectible with purchase of a pair of TFR Shoes. Members may also receive free digital collectibles for certain activities related to the Membership Program, at the sole discretion of The Formation and TFR Shoes. Digital collectibles are automatically deposited to Members accounts on The Formation and may only be claimed through the Members website.

Digital closet: Members may save select Style posts on The Formation to their Digital Closet in Member’s The Formation account. The shoppable links in these posts are updated at The Formation’s discretion and may expire over time. The Formation is not responsible for the content or product availability in the shoppable link.

Enhanced customer service: Members have access to enhanced customer service including direct text messaging and telephone support. These channels can be accessed only through The Formation Member Website. The Formation may change or eliminate preferred customer service channels at any time at its sole discretion and without notice.

The Formation Experiences: Members may be able to register for specific periodic community events, which may be offered by The Formation, or third parties, from time to time, at the discretion of The Formation. See the The Formation Member Benefits page for further details. Separate events may have separate requirements or terms, which will be disclosed with such event. This benefit may require Members to register on a third-party platform and agree to any terms and conditions for the use of that platform. Event schedules are subject to change and cancellation.

MEMBERSHIP PROGRAM COMMUNICATIONS

Unless you have opted out of receiving marketing communications, we may (at our option) communicate with you about marketing via mail, email, SMS and other channels, including special Member promotions, offers, and more. We may also use these channels to notify you when you are eligible for a benefit, communicate Membership Program changes, and more. Please note that even if you opt-out of receiving marketing or promotional communications, we may continue to send you transactional emails (e.g., notice emails and non-marketing or non-promotional emails), such as those about your account or our ongoing business relations.

MISCELLANEOUS

Without notice to you, other than as required by applicable law, we reserve the right to suspend or terminate your account and/or your participation in the Membership Program if we determine at our discretion that you have violated these Membership Program Terms or that the use of your account or your participation in the Membership Program is unauthorized, deceptive, fraudulent, unfair, or unlawful. For certainty, participation in the Membership Program in any manner that is unauthorized, deceptive, fraudulent, unfair, or unlawful is prohibited, and a breach of these Membership Program Terms. We may, at our discretion, suspend, cancel, or combine accounts that appear to be duplicative. Your participation in the Membership Program is voluntary, and you may withdraw at any time. The use of the word “include,” “includes,” or “including” is illustrative and not limiting.

You are responsible and liable for any applicable federal, state/provincial/territorial, and local income, sales, use, or other taxes which may result from your participation in the Membership Program.

The Membership Program Terms constitute the entire agreement between the Member and The Formation regarding the Membership Program and supersede any prior written or oral terms related thereto.