These B.REWARDED Program Terms and Conditions (Terms) govern the B.REWARDED Loyalty Program and participation in it, in the U.S. and Canada (Program).

These Terms have an effective date of April 29, 2026.

For the most up-to-date terms, please visit www.bootbarn.com/rewards or you may call Boot Barn Customer Service at 1-888-440-2668.

The Program is provided by Boot Barn, Inc (Boot Barn). Boot Barn is solely responsible for Program operation and may withdraw the Program or change the Terms of the Program at any time. The purpose of the Program is to thank our customers for their patronage and reward customers for certain purchases made at Boot Barn.

In these Terms, you and your mean the B.REWARDED account holder (also referred to herein as Member). We, our, and us mean Boot Barn.

Arbitration of claims between you and Boot Barn: This provision applies to the fullest extent permitted by applicable law, and does not apply to individual consumers in the provinces of British Columbia, Alberta, Saskatchewan, or Ontario in a manner not permitted by the consumer protection laws in those provinces or other jurisdictions in a manner not permitted by the applicable consumer protection laws. Please read these Program Terms carefully. They affect your legal rights and require binding arbitration of claims associated with the Program between you and Boot Barn, waiving class action claims associated with the Program between you and Boot Barn and waiving the right to trial by jury to the fullest extent permitted by law. Your participation in the Program is subject to your agreement to arbitrate any claims associated with the Program between you and Boot Barn. You agree that any and all claims or disputes between you and Boot Barn that arise out of or relate to your participation in the Program must be resolved through mandatory, binding arbitration, rather than litigation in court. That means that an arbitrator, not a judge or jury, will decide any claim associated with the Program between you and Boot Barn. See Section 14 below Binding Arbitration for more details.

1. General Information; Definitions

   The Program allows you to earn points (Points) on the dollars you spend as described in Section 4 below. Accumulated Points are held in your B.REWARDED Account (defined below) until the required threshold is met. You will automatically receive the Rewards (Reward) when the threshold is met to use at all participating Boot Barn locations, as described in Section 5 below. All information collected about you in connection with the Program is subject to our privacy policy, which can be obtained at https://www.bootbarn.com/cs-privacy-policy.html. All dollar amounts in these Terms are in United States Dollars (USD).

2. Program Membership and Enrollment

   The Program is open to individuals who are at least 18 years of age and residents of the United States and Canada, excluding Quebec. There is a limit of one (1) B.REWARDED Account per individual/email address/phone number. You agree that you will not participate in the Program under more than one (1) B.REWARDED Account. Boot Barn employees, commercial customers, associations, and others purchasing items for resale are not eligible for membership in the Program.

   Boot Barn employees are not eligible for membership in the Program. A Member that becomes an employee of Boot Barn will have their B.REWARDED Account suspended for the duration of their employment, which would preclude the usage of current points and Rewards and the issuance of future points and Rewards. The applicable expiration date (if any) will not be extended for any Points or Rewards earned before the B.REWARDED Account was suspended. The rules for expiration of Points in Section 4(c) and expiration of Rewards in Section 5 still apply to the Points and Rewards in a suspended B.REWARDED Account. If a former member’s employment status changes, the B.REWARDED Account may then be re-activated, and such person will again able to earn and use Points and Rewards.

   Boot Barn employees are not eligible for membership in the Program. A Member that becomes an employee of Boot Barn will have their B.REWARDED Account suspended for the duration of their employment, which would preclude the usage of current points and Rewards and the issuance of future points and Rewards. The applicable expiration date (if any) will not be extended for any Points or Rewards earned before the B.REWARDED Account was suspended. The rules for expiration of Points in Section 4(c) and expiration of Rewards in Section 5 still apply to the Points and Rewards in a suspended B.REWARDED Account. If a former member’s employment status changes, the B.REWARDED Account may then be re-activated, and such person will again able to earn and use Points and Rewards.

3. Member Levels

   B.REWARDED membership is divided into status tiers (each, a “Member Level”), as set forth in the chart below. When a Member reaches a new Member Level, they will remain at that Member Level for the remainder of the then-current calendar year and the immediately following calendar year, subject to downgrading as a result of returns as set forth in Section 4. The Member Level for any subsequent year will be the highest Member Level reached based on your annual spend during the immediately preceding calendar year. There is no carryover from year to year with respect to dollars spent.

   B.Rewarded	No minimum spend
   B.Rewarded Gold	$500 minimum spend
   B.Rewarded Black	$2,000 minimum annual spend

   Annual spend is calculated based on the total Net Eligible Purchases (defined below) in the relevant year.

4. Earning Points

   The Program is limited to earning Points for Net Eligible Purchases. Net Eligible Purchases are purchases of goods and services from participating Boot Barn locations, Boot Barn websites, or the Boot Barn app, for personal, family and household purposes minus any returns, refunds or credit adjustments, rounded to the nearest dollar after all discounts or coupons have been applied. Members must provide the loyalty number associated with their B.REWARDED Account at time of purchase.

   Points are not earned on, and the term Net Eligible Purchases does not include: purchases prior to enrollment in the Program, bag fees, returns, refunds, credit adjustments, unauthorized or fraudulent charges, or purchases made by or for a business or for a business purpose. Points are not earned on the portion of any purchase made using a Reward. Points will not be awarded for sales tax, shipping charges, fees or other excluded charges, or on the purchase of Boot Barn® gift cards. However, Points are earned on eligible purchases made using a gift card.

   Points earned on items that are later returned will be deducted from your B.REWARDED Account and any Reward issued as a result of reaching a Reward Level (defined below) may be invalidated. If the Point deduction disqualifies the Member from a newly acquired Member Level, the Member will be reverted to the lower Member Level. Boot Barn may evaluate and implement Member Level reversion immediately upon the Point deduction, or following the conclusion of the then-applicable return period, in its sole discretion. In the event of an even exchange, any Points earned in association with the original purchase will remain, but no further points will be awarded for the exchange. In the event of an exchange for an item of lesser value, the difference in Points calculated based on the value from your original purchase and the value of the exchange will be deducted from your B.REWARDED Account. In the event of an exchange for an item of greater value, any additional expenditure will accrue Points in accordance with these Terms. Any new promotional offers in effect at the time of an even exchange will not apply, nor modify your B.REWARDED Account balance.

   Points are earned on purchases made only by the B.REWARDED Member. Purchases made by anyone other than the actual B.REWARDED Member will not be added to the B.REWARDED Account. Points from purchases made by individuals living at the same household address may be applied to one B.REWARDED Account if all individuals are listed on the B.REWARDED Account. Spouses and family members within the same household may be added if they are present during the application.

   Points have no cash value and are non-transferable or exchangeable unless specifically authorized by Boot Barn®, at its sole discretion. We have the right to deduct Points from your Points balance for charges that were not or do not remain as Net Eligible Purchases. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. Points you earn may not be combined with Points earned on any other B.REWARDED Account. Points earned have no cash value and may not be used as payment of any outstanding obligation to Boot Barn.

   1. Points for Net Eligible Purchases

      B.REWARDED Members earn at the following rates. Your membership status at the time of earning will govern whether and how many Points you earn.

      B.Rewarded	1 point per $1 spent
      B.Rewarded Gold	1.25 points per $1 spent
      B.Rewarded Black	2 points per $1 spent

   2. Points for Special Offers

      From time to time, we may make special offers for you to earn additional Points for Net Eligible Purchases. We may also make other offers that allow you to earn additional Points unassociated with Net Eligible Purchases, from time to time, and at our discretion.

      These additional points are called Bonus Points. The way to earn Bonus Points, the Bonus Points that can be earned, and the expiry date associated with such Bonus Points may vary. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, expiry or exclusions. You may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. For mail order, special order, online, and other purchases, please be aware that we may not charge you until items purchased have shipped. During special offer periods, making a return in the same transaction as your purchase may result in earning fewer Points because Points are calculated off of your Net Eligible Purchase (in this case, your purchase minus return).

   3. Posting of Points Earned; Expiration; Forfeiture

      Posting of Points earned for the Program are typically updated to the B.REWARDED Account within 24-48 hours of the purchase. For online orders, Points will be posted to your account once the complete order has been shipped (usually 24-48 hours). At any time, we may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, Net Eligible Purchases. Points will remain available in your Points balance until they are redeemed for a Reward as described in Section 5, are forfeited, or expire.

      Points in the Program do not expire as long as you have at least 1 transaction (i.e. you either earn or redeem Points or Rewards) within the previous 12 months. If after 12 months and you have no activity on your B.REWARDED Account (i.e. you do not earn or redeem Points or Rewards in such 12 months), then the Points balance will expire in its entirety.

      Except as otherwise provided by applicable law, you will forfeit all unused Points if you file for bankruptcy, or your participation in the Program is terminated or your B.REWARDED Account is closed for any reason. You will also forfeit Points as described below and in Sections 9 and 12. You will not receive any compensation or new Points for your Points that expire or are forfeited.

      Points may not be sold, purchased, brokered, bartered, transferred or altered in any way by you. Any attempted transaction of such sort will automatically be void. Anyone engaging in such transactions will be liable for damages to us, including, but not limited to consequential damages, third party damages, transaction costs, attorney’s fees and court costs. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.

5. Benefits

   Members are eligible for Rewards and Additional Benefits as defined and set forth in more detail in this Section 5. Additional Benefits are subject to availability and limitations as may be imposed by Boot Barn. Rewards and Additional Benefits are referred to collectively herein as Benefits.

   Benefits have no cash value and may not be applied to taxes or shipping charges. Benefits will not be honored retroactively in connection with any prior purchases. Any additional exclusions or limitations for use of Benefits will be provided to you with the Benefit notification.

   1. Rewards

      When you earn enough Points (a Reward Level), you will be eligible for a Reward. The current Reward Level is 250 Points (250 Points = $15 Reward). There is a weekly maximum of $1000 in Rewards. Once 250 points have been earned, it will be converted to a Reward, which will be usable within 5 days. If you have provided your email address to the Program, you will be notified via email within 14 days that you have a Reward. Where permitted by applicable law, Reward Levels are subject to change without notice. Rewards have no cash value and are non-transferable or exchangeable unless specifically authorized by Boot Barn®. Rewards may be used to pay for any merchandise, including any sale merchandise, special orders, and layaways. Rewards may not be used for purchase of gift cards.

      You are responsible for notifying Boot Barn^® of any change in address, email address, or phone number. Boot Barn Inc. is not responsible for Rewards that are lost, delayed, or misdirected.

      Where permitted by applicable law, and not for consumers in Ontario in a manner not permitted by the consumer protection laws in Ontario where such apply, Rewards expire 60 days from the date they are issued. If you have provided your email address to the Program, you will receive an email reminder about two (2) weeks prior to your Reward expiring. You cannot use Rewards that are expired. Rewards that are expired will be removed from your B.REWARDED Account.

      Members can access and use a Reward by providing their loyalty number or the email address or phone number associated with the B.REWARDED Account.

      There is no limit to the amount of Rewards that may be used per purchase. You may not combine a Reward with any coupon or other discount certificate, except as otherwise provided in the offer.

      For in-store purchases, you can select the amount of valid Rewards you want to use on a purchase. For example, if you have $60 in Rewards but want to use only $25 on a purchase you can do that and still have the remaining $35 Reward available on a future purchase prior to expiration. Any Rewards unused during an in-store redemption will remain available until used or expired.

      Rewards are issued and redeemed in United States dollars. You are responsible for all charges in excess of the value of the Reward redeemed, including all applicable taxes.

      If merchandise purchased with Rewards is returned, the value of the Reward will be re-applied back to the B.REWARDED Account in the form of Points within 48 hours of processing the return. If we cannot fulfill the merchandise order you placed online with Rewards, the value of the Reward will be re-applied back to the B.REWARDED Account in the form of Points within 48 hours.

      To the extent allowed by applicable law, we may cancel any earned or outstanding Rewards if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.

   2. Additional Benefits

      B.REWARDED Members are also eligible to receive additional benefits (Additional Benefits) as follows:

      	B.Rewarded	B.Rewarded Gold	B.Rewarded Black
      Birthday Gift	$15	$20	$25
      Anniversary Surprise	Included	Included	Included
      Free Shipping	$75+	$50+	All Orders
      Tier Upgrade Gift	Not Included	Included	Included
      Dedicated Customer Service Line	Not Included	Included	Included
      Exclusive Experiences & Benefits	Not Included	Not Included	Included

      Birthday Gift: Members who have provided their birth month information will be issued a coupon for the designated dollar amount off a qualifying purchase made during their birthday month. Additional terms and restrictions may apply. See coupon for details.

      Anniversary Surprise: Surprise will be determined by Boot Barn in its sole discretion and extended to Member during their membership anniversary month. Subject to terms and restrictions. See anniversary offer communication for details.

      Free Shipping: Standard shipping within the continental United States and Canada on orders meeting designated minimum spend requirement, after all discounts and coupons (including the application of Points) and before taxes and fees (including shipping and handling fees) are applied.

      Tier Upgrade Gift: Gift will be determined by Boot Barn in its sole discretion and extended to Member upon qualification for a higher tier. Subject to terms and restrictions. See gift communication for details.

      Dedicated Customer Service Line: B.Rewarded Gold and Black Members will be provided with dedicated customer service access. Qualifying Members should see their Member communications for additional details.

      Exclusive Experiences & Benefits: In its sole discretion from time to time, Boot Barn may make available to Members of the B.Rewarded Black Member Level other benefits, which may include special events, tickets, or other opportunities.

6. Communications Program Activity and Customer Service

   We may contact you about the Program by mail, e-mail or other methods as permitted under applicable law. As needed, you agree to promptly update your contact information at https://www.bootbarn.com/on/demandware.store/Sites-bootbarn_us-Site/default/Account-ViewRewards or by calling 1-888-440-2668. Neither we, nor our service providers, are responsible for communications, including Benefit e-mail notices not delivered, due to incorrect or changed email address or other contact information.

   Your Points Balance for the Program can be found by visiting the Check My Balance page online at https://www.bootbarn.com/on/demandware.store/Sites-bootbarn_us-Site/default/Account-ViewRewards. You will need to enter your Account number or email address and zip/postal code that is used for the Program. You may also check your Points Balance for your Account by calling Boot Barn at 1-888-440-2668 or by visiting any retail store location.

   If you believe your Points balance is incorrect, contact CUSTSERV@BOOTBARN.COM or call 1-888-440-2668 for assistance. If you are in or near a retail store location, any store manager can look up your Account and assist you in correcting the balance. Points and Benefits inquiries, as well as adjustments, can take up to ten (10) business days to verify.

7. Points Disputes

   If Points you believe were earned have not timely posted to your Points balance, you may dispute your Points balance (Points Dispute) by contacting Customer Service at custserv@bootbarn.com or calling 1-888-440-2668. If you are in or near a retail store location, any store manager can look up your rewards history and assist you in correcting the balance. We will use reasonable efforts to investigate your Points Dispute. We may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Point Disputes, as well as adjustments, may take up to ten (10) business days to verify.

   Our transactional records will be considered conclusive if there is a dispute about the number of Points or the number or value of any Reward(s) earned, redeemed, or deducted. You should retain your copy of the receipt(s) and any other document that evidences your Point balance.

   Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Points Dispute. We accept no liability for any errors in the number of Points or any Benefit provided to you. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Points to your Points balance.

   Boot Barn is not responsible for Points or Benefits that expire, are lost, or are redeemed due to fraudulent activity. Suspected illegal, fraudulent, or other unauthorized use or misuse of Points, Benefits, or any other activity inconsistent with these Terms may, in the sole and absolute discretion of Boot Barn, result in cancellation of any Points or Benefits or termination of your participation in the Program. Boot Barn also reserves the right to cancel any Points or Benefits issued due to an error or mistake by Boot Barn or in its systems. You agree that Boot Barn’s decisions relating to the Program are final and that Boot Barn will not be liable to you or any other party in connection with any such error or mistake or associated cancellations of Rewards or Points.

8. Limited Liability; Indemnification

   Unless otherwise required by law or our agreements with you, neither Boot Barn nor any of our affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Program; (b) any claim relating to products purchased using any Benefits obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Points. Notwithstanding the foregoing, any liability that we or they may have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Terms.

   To the maximum extent permitted by applicable law Boot Barn shall not have any liability or responsibility for any errors or omissions in the Program, for your action or inaction in connection with your participation in the Program or for any damage you may incur in connection with the Program. Your participation in the Program is at your own risk. To the maximum extent permitted by applicable law, in no event shall either Boot Barn or its agents or third party providers or licensors be liable for any direct, indirect, incidental or consequential damages arising out of or in any way connected with the Program, the delay or inability to participate in the Program or otherwise arising in connection with the Program, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.

   To the maximum extent permitted by applicable law, this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Boot Barn is not liable for the conduct of other B.REWARDED Members. The limitation on damages in this section is not intended to limit Boot Barn’s obligation (if any) to pay prevailing party costs or fees, if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude Boot Barn’s liability for personal injury or tangible property damage caused by Boot Barn, or for Boot Barn’s gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct.

   You understand and agree that all rights under Section 1542 of the civil code of California and any similar law of any state or territory of the United States are hereby expressly waived by You. Section 1542 reads as follows:

   Certain claims not affected by a general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

   To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Boot Barn harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your participation in the Program.

9. No Warranties

   To the maximum extent permitted by applicable law, this Program is made available to you on an as is, as available basis, without representations or warranties of any kind, express or implied. To the maximum extent permitted by applicable law, Boot Barn and its affiliates, parents and subsidiaries, make no representation about the suitability of the Program for any purpose.

10. Changes to Program and Terms; Termination of Program

    We reserve the right to modify, restrict, suspend, or otherwise change any aspect of the Program, and/or these Terms from time-to-time, including without limitation, the eligibility conditions for participation in the Program, the manner in which B.REWARDED Members participate, the manner and rates at which Points and Rewards are earned and redeemed, redemption mechanisms, or what constitutes an Net Eligible Purchase, with reasonable notice to B.REWARDED Members. We will notify you of changes to these Terms by posting them to the Sites, notifying you by email to the email address then associated with your B.REWARDED Account, and/or using any other contact information we may have for you. To the extent allowed by applicable law, (a) changes to the Program or Terms may apply retroactively, and may affect outstanding transactions and Points, and may result in you involuntarily forfeiting Points you have earned, and (b) changes will not affect issued or redeemed Rewards except to the extent allowed by applicable law. Should you not agree to such an amendment, you may cancel your participation in the Program without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, as set out in Section 12.

    We reserve the right to terminate the Program completely by providing you with written notice of and instructions regarding the impending termination. Should we terminate the Program, all Points and Benefits issued under the Program will be void.

11. Taxes

    You are solely liable for any applicable taxes arising out of the accrual or use of Points or Benefits. Consult your tax advisor concerning such tax consequences.

12. Program Account Closure/Termination

    You may cancel your participation in the Program at any time by contacting Customer Service at custserv@bootbarn.com or calling us at 1-888-440-2668. If your participation in the Program is cancelled or terminated, whether by you or us, your B.REWARDED Account will be closed, you will no longer earn Points, any unused Points and/or your Rewards balance will be forfeited, Program benefits will end, and your future participation in the program may be prohibited, in the sole and absolute discretion of Boot Barn.

    Boot Barn, at its sole discretion, may terminate your participation without notice if continued participation would violate any terms of the Program. We reserve the right to approve, deny or revoke participation in the Program to any individual at any time for any reason whatsoever, including (i) your abuse of the Program, including, without limitation, your use of any bot, macro, or other automated means to participate in the Program or to earn Points or Benefits; (ii) your failure to follow these Terms and any other terms and conditions applicable to the Program; (iii) the attempted or actual sale or transfer of any of your Points, Benefits, or your B.REWARDED Account; (iv) any misrepresentation or other fraudulent behavior by you; or (v) any other conduct deemed by Boot Barn, in its sole discretion, to be an abuse of the Program, to be detrimental to the interests of Boot Barn or its customers, to be fraudulent, illegal, or to be otherwise improper.

13. Governing Law; Venue; Assignment

    The Program and these Terms are governed by the laws of the State of California, without any reference to its choice of law provisions. To the extent the parties are permitted to initiate litigation in a court, you agree that all claims and disputes arising out of or related to the Program and these Terms will be litigated exclusively in the state or federal courts located in Orange County, California. You may not assign your rights or obligations under these Terms to any other person or entity. You and we agree that each of us may bring claims arising from or relating to thse Terms only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

    Claim as used in these Terms means any claim, dispute or controversy that in any way arises from or relates to these Terms.

14. Binding Arbitration (Arbitration Agreement)

    This Section 14 applies to the fullest extent permitted by applicable law, and does not apply to individual consumers in British Columbia, Alberta, Saskatchewan, or Ontario or other jurisdictions in a manner not permitted by the applicable consumer protection laws.

    1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Program, to these Terms, or to any aspect of your relationship with Boot Barn, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Boot Barn may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises, otherwise the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

       If you agree to arbitration with Boot Barn, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against the Boot Barn Parties alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against the Boot Barn Parties in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this Arbitration Agreement.

       The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

    2. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief to us at 17100 Laguna Canyon Rd, Irvine, CA 92618, ATTN: Legal. You and we agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 1-800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Boot Barn will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Boot Barn after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    3. Fees. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees, and you cannot obtain a waiver from JAMS, Boot Barn will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Boot Barn’s attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.

    4. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Boot Barn. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

    5. Waiver of Jury Trial. You and Boot Barn hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Boot Barn are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

    6. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section 13.

       You and Boot Barn agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Boot Barn within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a Batch Arbitration). You and Boot Barn agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

    7. g. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by contacting us at 17100 Laguna Canyon Rd, Irvine, CA 92618, ATTN: Legal, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Boot Barn username (if any), the email address you used to set up your Boot Barn account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

    8. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

    9. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Boot Barn.

    10. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Boot Barn makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Boot Barn.

15. Entire Agreement; Severability; Conflicts; No Waiver

    These Terms contain the entire agreement between you and Boot Barn regarding the Program, and supersede any previous terms and conditions governing the Program we may have provided to you, whether electronic, oral or written, with respect to this Program. No modification of these Terms will be effective unless it is authored by Boot Barn or its affiliates, or unless it is physically signed by an authorized Boot Barn officer. Any alleged waiver of any breach of these Terms will not be deemed to be a waiver of any future breach. A printed version of these Terms and/or of any notice given by Boot Barn in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms or your participation in the Program to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Boot Barn in printed form. The Program is not available where and to the extent prohibited by law.

    If any part of these Terms conflict with applicable law, that provision will be deemed severed from these Terms and the remainder of the Terms will remain in effect. Our performance under these Terms will be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.

    Boot Barn’s performance of these Terms is subject to applicable existing and future laws and legal process, and nothing contained in these Terms is in derogation of Boot Barn’s right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by Boot Barn with respect to such participation.

    Boot Barn’s delay in enforcing, or failure to enforce, these Terms will not result in a waiver of Boot Barn’s rights under these Terms. All waivers of any of these Terms by us must be in a writing executed by someone with authority to bind us.