Membership By-Laws
Membership By-Laws
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Membership By-Laws

Zero Bond Terms and Conditions

 Zero Bond at Wynn Las Vegas Membership Terms and Conditions

These membership terms and conditions (“Terms and Conditions”) form the basis of membership to Zero Bond at Wynn Las Vegas (the “Venue”) located inside the Wynn and Encore Las Vegas resort at 3131 Las Vegas Boulevard South, Las Vegas, NV 89109 (the "Resort"). Participation and membership in the Venue will be governed by, and enrollment as a member of the Venue constitutes acceptance of; these Terms and Conditions.

A. Venue Purpose

The purpose of the Venue is to provide members and their permitted guests with hospitality, lawful gaming, entertainment, food and beverages for the pursuit of social, non-political and recreational activity; all in accordance with all applicable laws and regulations, these Terms and Conditions, the Zero Bond Rule Book and the gaming and other rules of the Venue (all of the foregoing may be amended by Venue from time to time without notice).  

B. General Terms

  1. Members agree to abide by and comply with the Terms and Conditions of the Venue, and any updated versions of these Terms and Conditions as and when Venue deems them necessary to be updated or amended.
  2. Venue will use reasonable efforts to inform members of any changes to these Terms and Conditions in writing to the email address given by members for correspondence. It is members’ responsibility to be aware of these Terms and Conditions at all times regardless.
  3. Members and applicants agree to have their personal information held by the Venue and Wynn Las Vegas, LLC.
  4. Presentation of valid government issued photo identification, acceptable to Venue, will be required for certain Venue-related activities such as, but not limited to, account information updates, account verification purposes and, as required by applicable laws,including those related to gaming.
  5. Members acknowledge and agree that membership in the Venue and its benefits areprovided at the discretion of management and are subject to availability. Management reserves the right to unilaterally change, amend, suspend, cancel or terminate any aspect of the Venue, its benefits and/or its Terms and Conditions in whole or in part, at any time, with or without notice for any or no reason. When legally possible, management will make reasonable efforts to notify members of Venue changes that may adversely alter, diminish, forfeit or terminate members’ benefits at least thirty (30) days prior to the effective date of such changes.
  6. Members may only have one (1) Venue account. Duplicate accounts may be deleted at Venue’s sole discretion and any benefits will be forfeited.
  7. Membership to the Venue and all associated benefits are non-transferable (including upon death, divorce, or by operation of law). 
  8. 8. Membership identification may only be used by the member listed on the account.
  9. All benefits associated with membership in the Venue including, but not limited to, complimentaries and offers, have no cash value and may not be substituted or exchanged.
  10. Each member will be required to select a secure password at time of registration for accessing their online account.  
  11. All notices will be sent to Member’s email address on file with Venue.
  12. It is member’s responsibility to safeguard and protect their membership identification, password and account information.
  13. Venue is not responsible for misuse of stolen membership identification or any losses arising out of, or related to, the use of member’s account by any person other than member including, without limitation, unauthorized access through mobile or online accounts or disclosure of member’s password.
  14. Violation of these Terms and Conditions including, without limitation, misuse of membership identification, other improper conduct as determined by management, or if a member is barred from the Resort by management for business reasons, may subject the member, without limitation, to forfeiture of the Venue membership, any associated benefits and/or appropriate administrative and/or legal action by Venue. In addition, Venue reserves the rights to take appropriate legal action to recover damages, including its attorneys’ fees, incurred in prosecuting or defending any lawsuit related hereto.
  15. All decisions concerning the interpretation and application or administration of these Terms and Conditions are within the sole discretion of management. Management’s decision in any dispute will be final and binding subject to any regulatory appeals processes that may apply.
  16. For the avoidance of doubt, members shall have no proprietary rights in the premises and/or the property of the Venue, including, without limitation, the intellectual property and other intangible property of the Venue.
  17. Members and their guests shall not use the names, logos, colors, trademarks, service marks, photographs, trade dress, other identifying features or any other intellectual property of the Venue without obtaining the specific prior written approval of Venue as to the specific use.
  18. Persons who are prohibited from gaming in, or entering, a casino in the State of Nevada, and persons who have been banned or trespassed by the Venue or the Resort, are not eligible for Venue membership. Persons who are enrolled in the Wynn Self-Exclusion Program will not be permitted to game in the Venue.
  19. Subject to applicable legal requirements, members consent to receiving promotional and informational communications from Venue’s affiliates and partners. Members may withdraw consent for marketing and set communication preferences at any time by emailing privacy@wynnresorts.com, by following the unsubscribe instructions in the marketing message, or by logging in to their Venue membership account and updating their communication preferences.
  20. Continued use of the Venue constitutes member’s acceptance of these Terms and Conditions.
C. Use of Venue Facilities
  1. Members shall be entitled to use the Venue’s facilities and premises within the Venue’s stated opening hours and in accordance with all applicable laws.
  2. The right to use and attend dining, bar and other areas of the Venue is subject to availability as determined by Venue in its sole discretion. 
  3. The usual hours of operation of the Venue shall be determined by Venue, in its sole discretion, and set forth on the website of the Venue.  
  4. The Venue reserves the right to and will refuse admission to and/or eject any member or their guest who appears to be intoxicated upon entering or when using the Venue’s facilities. 
  5. All items of property brought into the Venue are entirely at the risk of the member and/or their guest(s). Venue will not be responsible for any loss or damage to the personal property of members and/or their guest(s). 
  6. Venue may also discontinue operation of any or all of the Venue facilities at any time in its sole discretion.
  7. Members and their guests will be bound by the Venue’s dress code as detailed on the Venue’s website and other informational materials. Venue reserves the right to deny entry to, and/or eject from the Venue, any member or guest who fails to comply with the Dress Code.  
  8. Members and their guests are asked to refrain from bringing in food and beverages from outside the Venue unless medically required to do so.
  9. Venue will from time to time require members to have restricted access to some or all of the Venue’s premises for maintenance purposes and/or private hire of the facilities without members having recourse to compensation of this temporary restriction of access.
  10. Members are requested to refrain from referring to the private activities of other members of the Venue or their guests by any medium public or private.  
  11. Members and their guests are asked to respect other guests of the Resort when entering or exiting the Venue.  
  12. Animals are not permitted on the Venue’s premises except for medically required or necessary service animals (and, in all cases, in accordance with all applicable laws) or with the explicit permission of Venue. Members and/or their guests who do attend the Venue with animals are always deemed to be personally liable for their conduct. 

D. Guest Policy

  1. Individual members are permitted to bring up to three guests with them to the Venue at any one time. Members can make arrangements to bring additional guests with Venue management’s prior approval. 
  2. Venue management reserves the right to refuse admission to any guest of a member in its sole discretion. 
  3. Members are responsible for their own and their guests’ conduct and expenditures. Should a guest fail to comply with the Venue’s rules while on the premises, the member shall be deemed to have committed the breach of rules themselves and could be subject to disciplinary action at the discretion of Venue.  
  4. Members must at all times be present at the Venue at the same time as their guest(s) and are not permitted to leave their guest(s) at the Venue upon their departure. 
  5. Persons under the age of 21 are not permitted for membership to the Venue.
  6. There is no smoking permitted in the Venue except in designated outdoor areas.   
  7. Members may be allowed to hold private events at the Venue with the permission of Venue management and subject to availability and such additional terms and conditions as the Venue may require.
  8. Members and their guests (for whom they are responsible) shall conduct themselves in an appropriate manner while on Venue premises and refrain from any activity that might cause embarrassment or offense to any member, guest or employee of the Venue. 
  9. Members and their guests (for whom they are responsible) shall not bring the reputation of the Venue or any of its members into disrepute. 
  10. Members and their guests (for whom they are responsible) shall not do anything at any time that places the Venue’s licenses and permits at risk. 
  11. The decision as to whether any of the Venue’s rules have been breached is solely at the discretion of Venue management. 
  12. Venue retains the right to discipline or sanction (which may include denial of entry or ejection) any member or guest at its sole discretion without the requirement for explanation or justification. 

 E. Staff

  1. No member or their guest has the right to give instructions to any employee of the Venue that relates to their employment or duties as a member of staff. 
  2. No member or their guest shall solicit, induce or incentivize a member of the Venue’s staff to leave the Venue’s employ. 
  3. Gratuities and tips paid to the Venue’s staff are entirely at the discretion of members and their guest(s). No other gifts shall be offered or given by members or their guests without the explicit consent of Venue. 
  4. No member of the Venue nor their guest(s) is permitted to solicit or employ Venue staff for personal or business-related purposes.

 F. Dues, Fees and Charges

  1. Venue, in its discretion, will determine all fees, dues, and charges to be paid by Members. Dues shall be payable on an annual basis in advance, to the credit card on file, unless otherwise specified by the Member. Venue will also determine in its discretion, the fees, and charges to be payable in connection with the use of membership benefits and the exercise of any other Membership privileges.
  2. Venue reserves the right to implement a minimum food and beverages expenditure for each category of membership. Dues, fees, and charges are payable in accordance with the provisions of these Terms and Conditions and the Zero Bond Member Rule Book.
  3. The dues, and selected fees and charges for use of membership benefits and the exercise of other membership privileges, are indicated on the current Schedule of Dues, Fees, and Charges available upon request from Venue. The dues, fees, and charges are subject to change from time to time in Venue’s discretion.
  4. Payment of dues by Members is a continuing obligation of membership, which is not dependent upon the availability of membership benefits or the frequency of use.
  5. Repair, maintenance, construction, or remodeling of any of Venue facilities or other occurrence or event (including, without limitation, acts of God, natural disasters, pestilence, weather, disease, epidemic, pandemic, other unanticipated cause, or requirements imposed by governmental authorities), whether within or beyond the control of Venue, may make it necessary for Venue to change the hours of use, restrict the use of one or more of Venue facilities or portions thereof, limit access and use of other membership benefits, or close Venue temporarily. During such time, dues shall not be reduced or suspended.
  6. Membership Year: Venue’s membership year will constitute the 12-month period commencing on January 1 and ending December 31, unless otherwise established by Venue from time to time.

 G. Initiation Fee

  1. Each prospective Member who desires to acquire a Venue membership will be required to pay an Initiation Fee for a membership in the membership category in question at the time of acquisition, except as otherwise herein provided or determined by Venue. The amount of the Initiation Fee and payment terms shall be determined by Venue from time to time in its discretion.
  2. Tax Consequences: Venue makes no representations and expresses no opinions regarding the federal, state, or local income, estate, or other tax consequences of acquiring a membership or with respect to any initiation fees and/or annual dues paid to Venue. All Members acquire a membership subject to all applicable tax laws, as the same may be amended from time to time. Accordingly, Members should consult with their own tax advisers with respect to the tax consequences of membership and the initiation fee and/or annual dues.

 H. Membership Resignation

Members who desire to resign their membership must give Venue thirty (30) day written notice to that effect. Resignation shall be effective upon expiration of the ninety (90) day notice period, subject to the following provisions. Unless otherwise determined by Venue, resignation will be effective only if the Member in question was in good standing as of the first day of the applicable membership year, as well as at the time the Member desires to resign. Resignation of a Member is irrevocable, unless otherwise determined by Venue. Company shall have no obligation whatsoever to refund any part of the initiation fee, annual dues or any other fees or expenses, whether paid in advance or otherwise, upon such resignation. Further, upon any such resignation, the respective Member shall remain responsible for any and all initiation fees, annual dues, expenses, or other amounts then due and payable under the terms of these Terms and Conditions and the Zero Bond Member Rule Book.

 I. Membership Termination and Suspension

  1. Venue may terminate, suspend or limit any membership at any time and for any or no reason and with or without cause upon prior written notice.
  2. Without limiting the foregoing, if a Member breaches or violates any part of one or more of the Terms and Conditions or the Zero Bond Member Rule Book, Venue may, at its option: (i) terminate the membership as of the date of the breach; (ii) allow the Member limited time to cure the breach; or (iii) pursue any other right or remedy to which Venue may be entitled to in law or equity. Venue’s pursuit of one of the above-described options does not limit or otherwise waive any other option under the Terms and Conditions or Zero Bond Member Rule Book, or at law or equity. In the event of a termination of membership, the affected Member shall remain liable for any amounts unpaid on the Member’s Venue account and membership dues, assessments and other fees.
  3. A membership may be limited, suspended or terminated by Venue Management, if, in the sole judgment of Venue Management, the Member:
    1. Submits false information on the membership application;
    2. Permits his or her membership card or Venue account to be used by anyone other than the designated holder;
    3. Exhibits unsatisfactory behavior, deportment or appearance;
    4. Fails to pay any amount owed to Venue in a timely manner;
    5. Fails to abide by the Terms and Conditions and Zero Bond Member Rule Book;
    6. Treats the personnel or employees of Venue in an unreasonable or abusive manner;
    7. Is convicted of a felony or is convicted of a misdemeanor involving moral turpitude;
    8. Fails in, or refrains from, any other conduct or obligation determined by Venue as appropriate for suspension or termination of membership; or
    9. No longer meets eligibility requirements.
  4. No such Member shall on account of any restriction or suspension be entitled to any refund of any initiation fee, annual dues or any other fees. During the restriction or suspension, dues and other charges shall continue to accrue and shall be paid in full prior to reinstatement as a Member in good standing.
  5. Any Member of Venue who has had his or her membership terminated for any reason other than the failure to meet eligibility requirements for membership shall not again be eligible for membership nor admitted to use the Venue facilities under any circumstances without approval of Venue Management.

 J. Rights Governed by Membership Plan

Members agree to be bound by the terms and conditions of these Terms and Conditions and the Zero Bond Member Rule Book, as may be amended, modified, or supplemented by Venue from time to time. Members irrevocably acknowledge and consent that anypresent or prior rights or privileges in or to enjoy membership benefits may be amended from time to time in Company’s discretion. Venue will not owe any fiduciary duty or other special duty to any Member.

K. Liability

1. Member agrees to indemnify, defend and hold Venue, Zero Bond Vegas, LLC and Wynn Las Vegas, LLC, and their respective parent companies, subsidiaries and affiliates, their members, and their respective officers, directors, employees, consultants, contractors and agents (collectively, the “Indemnitees”) free, clear and harmless from, and against, any and all damages, losses, fees, penalties, actions, suits, proceedings, claims, administration of claims, and demands brought, made by, or arising from any third party (including, for the avoidance of doubt, any of: member's respective officers, directors, employees, contractors, visitors, guests, invitees and/or agents; any employees, contractors or agents of Venue) (“Third Party Claims”) and to pay any settlements, awards, costs and expenses (including reasonable attorneys’ fees and expert witnesses) in connection with such Third Party Claims, to the extent such Third Party Claims arise out of or relate to: (i) any breach of the Venue Standards and/or these Terms and Conditions) by member and/or member's guests, and/or (ii)  any other conduct, acts or omissions by member or member's guests in connection with the membership or any of their respective use of the Venue, including, but not limited to, any violation of applicable laws or regulations, negligence or misconduct by member or by any of member's guests, except to the extent a claim results from the gross negligence, willful misconduct or fraud of Venue.
2. NONE OF THE VENUE INDEMNITEES SHALL BE LIABLE TO ANY MEMBER OR ANY OTHER PERSON CLAIMING RIGHTS DERIVED FROM A MEMBER OR OTHERWISE IN CONNECTION WITH THE VENUE OR THESE MEMBERSHIP TERMS AND CONDITIONS FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, OR FOR ANY LOST REVENUES OR PROFITS, LOSS OF USE, LOSS OF COST OR OTHER SAVINGS OR LOSS OF GOODWILL OR REPUTATION, WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE MEMBERSHIP, THE VENUE, THE VENUE STANDARDS OR THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER A MEMBER WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
3. EXCEPT IN THE INSTANCE OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD ON THE PART OF VENUE, THE INDEMNITEES’ LIABILITY FOR INJURIES OR DAMAGES SUFFERED IN OR AT THE VENUE OR IN CONNECTION WITH THE OPERATION OF THE VENUE SHALL BE LIMITED TO NO MORE THAN THE SUM OF THE ANNUAL SUBSCRIPTION PAID BY THE MEMBER. 
4. To the extent any of the exclusions or limitations of liability set forth in this section are determined to be not enforceable under applicable law, such exclusions and limitations of liability shall be enforced to the fullest extent permitted under applicable law.
5. Venue does not control, and is not responsible for, the actions of other Venue members, their guests or any other third parties in the Venue. If a dispute arises between members, or their invitees or guests, Venue shall have no responsibility or obligation to participate, mediate or indemnify any party to such dispute.

 L. Miscellaneous

  1. Governing Law.  THESE TERMS AND CONDITIONS AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEVADA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS THEREOF. VENUE AND JURISDICTION OF ANY SUIT BROUGHT IN CONNECTION WITH OR TO ENFORCE THE PROVISIONS OF THESE TERMS AND CONDITIONS SHALL LIE EXCLUSIVELY IN THE STATE AND FEDERAL COURTS LOCATED IN CLARK COUNTY, NEVADA. FOR ALL PURPOSES, THESE TERMS AND CONDITIONS SHALL BE DEEMED TO HAVE BEEN NEGOTIATED AND EXECUTED IN LAS VEGAS, CLARK COUNTY, NEVADA. MEMBERS HEREBY WAIVE ANY AND ALL OBJECTIONS TO VENUE AND JURISDICTION OF ANY DISPUTE HEREUNDER LYING IN, AND HEREBY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION WITHIN; CLARK COUNTY, NEVADA.  IN ANY LITIGATION RELATING TO THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO ITS REASONABLE ATTORNEYS’ FEES AND COSTS.
  2. Severability.   In the event that any provision of these Terms and Conditions shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable.
  3. Force Majeure.  Except for the payment of any amounts due from members in connection with the Venue, nonperformance by Venue or a member shall be excused to the extent that performance is prevented or delayed by strike, fire, flood, pandemic, epidemic, governmental acts, orders or restrictions, failure of suppliers, internet or power outages, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party.

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