Terms & Conditions

1. Introduction and Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of the website, membership programme, events, and community operated under the name Apex Circle (“Apex Circle”, “we”, “us”, or “our”).

Apex Circle is a curated founder community organising small-group, adrenaline-based experiences, including but not limited to speedboating, ice baths, karting, and indoor skydiving (each an “Event”, together “Events”).

1.1 By submitting an application, completing registration, making payment, or attending an Event, you (“Member”, “you”, “your”) agree to be bound by these Terms, our Privacy Policy, and any additional rules, waivers, or codes of conduct communicated to you in relation to a specific Event.

1.2 You must be at least 18 years old to become a Member. By registering, you confirm that you meet this requirement.

1.3 We may amend these Terms from time to time. The version in force is the one published on our website at the time of the relevant registration or renewal. Material changes will be communicated to active Members by email where reasonably practicable.

2. Membership

2.1 Nature of Membership

Apex Circle membership is a paid, invitation-and-application-based community for founders. Membership grants access to curated Events, community channels, and any benefits described on our website or in your membership confirmation at the time of purchase.

2.2 Application and Admission

Admission to Apex Circle is at our sole discretion. Submitting an application does not guarantee acceptance. We may decline any application without providing a reason.

2.3 Founding Membership

Where we offer “founding member” pricing or status for a limited period or limited number of places, such pricing is offered on a first-come, first-served basis and may be withdrawn or amended for future cohorts at our discretion. Founding member status does not entitle you to permanently fixed pricing beyond the term specified at the time of purchase.

2.4 Membership Fees

Membership and Event fees are stated in the applicable currency at the time of purchase (typically GBP for London-based Events) and are inclusive of any applicable taxes unless stated otherwise.

Fees are payable in full at the time of registration unless an alternative payment plan is expressly offered to you in writing.

We reserve the right to change membership and Event pricing for future terms, cohorts, or new registrants at any time. Changes will not affect fees already paid for a current membership term or a confirmed Event.

2.5 Membership Term and Renewal

Membership runs for the term specified at sign-up. Where membership auto-renews, we will notify you in advance of the renewal date and the applicable fee. You may cancel auto-renewal at any time before the renewal date via the process described in Section 6.

2.6 Conduct Standards

Membership is granted on the basis of mutual respect within a small-group community setting. We expect Members to treat other Members, guests, staff, and third-party activity providers with courtesy and respect at all times.

3. Events

3.1 Event Registration

Places at Events are limited and allocated on a first-come, first-served basis among eligible Members unless stated otherwise. Registering for an Event does not guarantee a place until you receive written confirmation from us.

3.2 Event Changes and Cancellation by Apex Circle

We may change the date, time, location, format, or activity provider for an Event where reasonably necessary, including for reasons of safety, weather, venue availability, or insufficient minimum numbers.

If we cancel an Event outright, you will be offered a place at a rescheduled date, a credit toward a future Event, or a refund of the fee paid for that specific Event, at your choice, unless otherwise stated at the time of booking.

We are not liable for any indirect losses (such as travel or accommodation costs booked independently by you) arising from a change to or cancellation of an Event.

3.3 Cancellation by Member

Cancellations made [14] or more days before the Event date are eligible for a full refund or credit, at your choice.

Cancellations made within [14] days of the Event date are non-refundable, save where required by applicable consumer law, but you may nominate a substitute attendee subject to our approval and completion of the substitute’s own risk acknowledgment and waiver under Section 9.

No-shows on the day of the Event are non-refundable and non-transferable.

Note: the cancellation windows above are placeholders — confirm the exact number of days you want to apply before publishing.

3.4 Third-Party Activity Providers

Certain Events are delivered in whole or in part by independent third-party operators (for example, speedboat charter companies, karting circuits, ice bath facilitators, or indoor skydiving centres). Those providers have their own operating rules, safety briefings, and, in some cases, their own terms and waivers, which you must also comply with. Apex Circle acts as an organiser and curator of these experiences and, save as set out in Section 9, does not itself operate the underlying activity.

3.5 Fitness to Participate

You are responsible for assessing your own fitness, both physical and mental, to take part in any Event before registering and again on the day of the Event. Certain activities carry specific health restrictions (for example, pregnancy, cardiac conditions, epilepsy, recent surgery, or high blood pressure may be incompatible with ice baths, speedboating, karting, or indoor skydiving). You must disclose any relevant medical condition to us and to the relevant activity provider prior to participation, and must follow the instructions of on-site staff at all times.

4. Apex Points, Badges and Loyalty Benefits

Where we operate a points, badge, or progression system (“Apex Points”) in connection with your attendance at Events, the following applies:

Apex Points and badges have no cash value and cannot be exchanged, transferred, sold, or redeemed for cash.
We may amend the structure, earning rates, or redemption value of Apex Points at any time, and may retire the programme entirely, without liability to you, save that Points already earned will be honoured for redemption for a reasonable transitional period following any such change.
We reserve the right to remove Points or badges obtained through fraudulent activity, abuse of the system, or breach of these Terms.

5. Payments, Refunds and Taxes

5.1 Payment Processing

Payments are processed via our third-party payment providers. By making a payment, you also agree to the applicable terms of our payment processor. We do not store full card details on our own systems.

5.2 Failed or Disputed Payments

If a payment fails, is reversed, or is subject to a chargeback that we consider unwarranted, we may suspend or terminate your membership and/or your place at an Event until the matter is resolved.

5.3 Refund Policy

Save as set out in Section 3.3 or as required by applicable consumer protection law, all fees are non-refundable. Nothing in these Terms limits any statutory right to a refund, repair, or replacement that you may have as a consumer under applicable law.

6. Cancellation, Suspension and Termination of Membership

6.1 Cancellation by You

You may cancel your membership at any time by giving written notice to us (for example, by email). Cancellation will take effect at the end of your current paid term, and no partial refunds will be issued for the remainder of a term already in progress, save as required by law.

6.2 Suspension or Termination by Us

We may suspend or terminate your membership immediately, without refund, if you:

Breach these Terms, including the conduct standards in Section 2.6 or the safety obligations in Section 3.5 or Section 9;
Behave in a manner that we reasonably consider to be abusive, dangerous, discriminatory, or harmful to other Members, staff, or third-party providers;
Provide false information in your application or during a health/risk disclosure; or
Engage in fraudulent payment activity.

Where reasonably practicable and where the concern does not relate to an immediate safety risk, we will give you an opportunity to address the concern before suspending or terminating your membership.

7. Intellectual Property

All content on our website and in our materials, including but not limited to the Apex Circle name, logo, brand elements, event concepts, and written content, is owned by us or our licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our prior written consent.

By attending an Event, you grant us a non-exclusive, royalty-free, worldwide licence to use photographs and video footage in which you may appear, captured during the Event, for our marketing and community purposes, unless you notify us in writing in advance that you do not consent to this.

8. Privacy and Data Protection

We process your personal data, including health-related information disclosed for safety purposes under Section 9, in accordance with our Privacy Policy and applicable data protection law, including the UK GDPR where applicable. Health information you disclose will only be used to assess your suitability to participate safely and will be shared with the relevant third-party activity provider strictly on a need-to-know basis.

9. Assumption of Risk, Waiver and Release of Liability

9.1 Nature of the Activities

Events organised or curated by Apex Circle may include high-adrenaline and physically demanding activities such as speedboating, cold-water immersion (“ice baths”), motorsport (“karting”), and indoor skydiving. These activities carry inherent risks that cannot be entirely eliminated by the exercise of reasonable care, including, without limitation:

Risk of drowning, cold shock, hypothermia, or cardiac events arising from cold-water immersion;
Risk of collision, capsizing, whiplash, or immersion arising from speedboating or other watercraft activities;
Risk of collision, impact injury, or vehicle malfunction arising from karting;
Risk of impact injury, disorientation, or equipment malfunction arising from indoor skydiving; and
General risks associated with physical exertion, group activities, and travel to and from Event venues.

9.2 Voluntary Participation and Assumption of Risk

By registering for and/or attending an Event, you acknowledge and agree that: (a) your participation is entirely voluntary; (b) you have been given a reasonable opportunity to ask questions about the activity and, where relevant, to review information provided by the third-party activity provider; (c) you are physically fit and medically able to participate, or have disclosed any relevant condition under Section 3.5; and (d) you have read and understood the risks described in Section 9.1 and freely choose to accept those risks as inherent to the activity — that is, risks that remain even where reasonable care and skill has been exercised.

Nothing in this Section 9.2 excludes or restricts, and you are not to be taken to have voluntarily accepted, any liability of Apex Circle or a Released Party for death, personal injury, or other loss caused by a failure to exercise reasonable care and skill. Consumer protection law (in particular section 62 of the Consumer Rights Act 2015) provides that a person is not treated as having voluntarily accepted a risk merely because they agreed to or knew about a term or notice referring to it, and this Section 9.2 is to be read and applied consistently with that principle.

9.3 Limitation, Not Exclusion, of Liability for Negligence

Apex Circle does not exclude or attempt to exclude liability for death or personal injury caused by the negligence of a Released Party, as such an exclusion would not be effective under the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 and is not intended by this Section 9. Instead, to the fullest extent permitted by law, and in consideration of being permitted to participate in Events, you agree that Apex Circle's role in relation to third-party-operated activities is limited as described in Section 9.4, and you waive, release, and forever discharge Apex Circle, its owners, directors, employees, contractors, and agents (the “Released Parties”) from claims arising out of the materialisation of the inherent risks described in Section 9.1, save to the extent such loss, damage, injury, or death is caused by:

The negligence, gross negligence, or wilful misconduct of a Released Party; or
Any other liability which cannot lawfully be excluded or restricted under applicable law, including but not limited to the Unfair Contract Terms Act 1977, the Consumer Rights Act 2015, and, in respect of the condition of any premises occupied by a Released Party, the Occupiers' Liability Act 1957.

9.4 Third-Party Provider Waivers and Apex Circle's Role

Certain activities are delivered by independent third-party providers who operate and control the venue, equipment, vessel, or vehicle used (for example, the speedboat charter company, the karting circuit operator, or the indoor skydiving centre). That provider, not Apex Circle, is typically the “occupier” of the relevant premises for the purposes of the Occupiers' Liability Act 1957 and is typically the party directly responsible for the standard of instruction, equipment, and on-site safety at the activity. Apex Circle's own role is limited to organising, curating, and booking your attendance, and to the safety measures it directly controls (such as pre-Event information, health disclosures under Section 3.5, and choice of reputable providers). Where an injury, loss, or death arises from a matter within the provider's control rather than Apex Circle's, your claim will ordinarily lie against that provider under its own terms and applicable law, and this Section 9 does not make Apex Circle liable in the provider's place. You acknowledge that the relevant provider may require you to sign their own separate waiver or disclaimer on-site, which applies in addition to this Section 9.

9.5 Indemnity

You agree to indemnify and hold harmless the Released Parties against any claims, liabilities, costs, or expenses arising from your breach of these Terms, your negligent or wilful acts or omissions, or your failure to disclose a relevant medical condition, save to the extent such claims arise from the negligence, gross negligence, or wilful misconduct of a Released Party, or from any other liability that cannot lawfully be excluded or restricted.

9.6 Medical Emergencies

In the event of a medical emergency during an Event, you consent to Apex Circle staff, volunteers, or the third-party activity provider arranging emergency medical treatment on your behalf at your own cost where you are unable to consent yourself.

9.7 Photography and Video of Activities

Activities may be photographed or filmed for safety, insurance, or marketing purposes as set out in Section 7.

9.8 Signed Acknowledgment

For certain Events, particularly those involving heightened physical risk, we may require you to sign a supplementary, activity-specific risk acknowledgment and waiver form prior to participation, whether provided by Apex Circle or by the third-party activity provider. Your registration for the Event is conditional on completing that form where required.

10. Limitation of Liability

Nothing in these Terms excludes or limits Apex Circle's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited under the Unfair Contract Terms Act 1977, the Consumer Rights Act 2015, or other applicable law. Subject to that overriding position, and subject to Section 9:

Apex Circle’s total liability to you arising out of or in connection with your membership or any single Event, for losses other than death, personal injury, or other non-excludable liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount you paid for that membership term or Event in the twelve (12) months preceding the claim;
Apex Circle shall not be liable for any indirect, special, incidental, or consequential loss, including loss of profits or loss of business opportunity, except where such an exclusion would itself be unlawful or unfair under applicable consumer protection law.

11. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to extreme weather, natural disaster, act of government, pandemic, strike, or failure of a third-party venue or activity provider. In such circumstances, Section 3.2 shall apply to any resulting Event changes or cancellations.

12. Community Guidelines and Acceptable Use

Members must not use Apex Circle community channels, events, or platforms to:

Harass, discriminate against, or intimidate other Members, guests, staff, or third-party providers;
Solicit other Members for unrelated commercial purposes without our prior consent;
Share confidential information disclosed by other Members in a community or business context; or
Engage in any unlawful activity.

Breach of this Section may result in suspension or termination of membership under Section 6.2.

13. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, save that if you are a consumer resident elsewhere, you may benefit from mandatory protections of your local consumer law that cannot be excluded by this clause.

14. General Provisions

14.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.2 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

14.3 Assignment

You may not assign or transfer your membership or rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.4 Entire Agreement

These Terms, together with our Privacy Policy and any Event-specific waiver or terms you sign, constitute the entire agreement between you and Apex Circle regarding your membership and participation in Events.

14.5 Contact

For questions about these Terms, please contact us at info@apexcircle.nl.