Terms & Conditions of Use
1. Agreement
By accessing or using marnisoc.com, making a reservation, placing an order, joining our loyalty program, purchasing a gift card, attending an event, or otherwise engaging with Marni's Bar & Grill ("we," "us," "our"), you agree to these Terms & Conditions ("Terms"). If you do not agree, please do not use our website or services.
These Terms constitute a legally binding agreement between you and Marni's Bar & Grill. By clicking "I Agree," completing a reservation, placing an order, or continuing to use our website after these Terms are posted, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.
2. Eligibility
You must be at least 18 years old to enter into a binding agreement with us. Certain services, including alcohol service, require you to be at least 21 years old and to present valid government-issued identification on request.
3. Reservations
Reservations may be made through our website, by phone, or through third-party reservation platforms.
- We may require a credit card to hold a reservation.
- We may charge a deposit or hold a pre-authorization at the time of booking.
- Large parties 8 or more may be subject to a deposit, an automatic gratuity, or a prix-fixe menu.
- We reserve the right to release reservations not honored within 15 minutes of the booking time.
- Cancellations must be made at least 24 hours in advance. Late cancellations and no-shows may forfeit the deposit and be charged a fee.
Reservations made through third-party platforms (e.g., OpenTable, Resy, Tock) are additionally subject to that platform's terms of service. We are not responsible for errors, double-bookings, or service failures originating from third-party platforms. Deposits are refundable only when cancellation is made within the applicable cancellation window. Refunds for deposits on cancelled reservations will be processed within 5–10 business days to the original payment method.
4. Alcohol Service
We are licensed to serve alcoholic beverages in accordance with applicable state and local law. We reserve the right to refuse service to any person who:
- Cannot produce valid government-issued identification
- Appears to be visibly intoxicated
- Appears under the influence of any controlled substance
- Behaves in a manner that is disruptive to other guests or staff
We may refuse alcohol service for any lawful reason. We participate in responsible-service training as required by state law.
Corkage and BYO Policy: Where we permit guests to bring their own wine or other alcoholic beverages, a corkage fee of $25–$50 per bottle applies. BYO is subject to availability and management approval. We reserve the right to decline BYO service. All BYO beverages must comply with applicable ABC licensing requirements.
Assumption of Risk: By consuming alcoholic beverages at our establishment, you acknowledge the inherent risks associated with alcohol consumption and agree that you are solely responsible for your level of consumption and your conduct after leaving our premises, to the extent permitted by applicable law. Nothing in this provision limits our obligations under California Business & Professions Code Section 25602 or any applicable dram-shop or social host liability statute.
5. Catering, Events, and Private Bookings
Catering orders, private events, and group bookings are subject to a separate written agreement that supplements these Terms. Deposits, cancellation terms, food-and-beverage minimums, service charges, and event-specific provisions are addressed in that agreement.
Standard Cancellation Schedule (unless otherwise specified in the event agreement): cancellation more than 30 days before the event — full deposit refund less a 10% administrative fee; 15–30 days — 50% of deposit forfeited; fewer than 15 days — full deposit forfeited. Final guest counts must be confirmed 72 hours before the event; charges will be based on the confirmed count or actual attendance, whichever is greater. Force majeure events (including government-mandated closures, natural disasters, and public health emergencies) excuse performance by either party without penalty.
6. Pricing, Gratuity, and Service Charges
Menu pricing is subject to change without notice. We may apply:
- An automatic gratuity of 20% on parties of 6 or more
- A service charge of 3% to support health benefits and wages for our staff
- A surcharge for split checks, special requests, or substitutions
All applicable taxes, fees, and gratuities are disclosed on receipts and on our menus. Service charges are not gratuity unless expressly stated.
California Pricing Transparency (SB 478): In compliance with California's Consumers Legal Remedies Act as amended by SB 478, the advertised price of any item or service is the full price exclusive only of government-imposed taxes and fees. Any mandatory service charge, surcharge, or fee is included in the advertised price or clearly disclosed at the point of ordering before the transaction is completed. Service charges that are not gratuity are retained by the business; where a service charge is distributed to employees as gratuity, that fact is disclosed on the menu or receipt. Voluntary gratuities left by guests are distributed to service staff in accordance with California Labor Code Sections 350–356.
7. Gift Cards and Vouchers
Gift cards purchased from us:
- Do not expire except as required by applicable law
- Are not redeemable for cash except as required by applicable law
- Are not refundable if lost, stolen, or used without authorization
- Must be presented at the time of redemption
- May not be combined with certain promotional offers
California Cash Redemption: Under California Civil Code Section 1749.5, gift cards with a remaining balance of $10.00 or less are redeemable for cash upon request at any of our locations. No dormancy fees, service fees, or inactivity charges will be applied to gift cards, and gift cards do not expire. Lost or stolen gift cards may be replaced with proof of purchase at our discretion.
8. Loyalty Program
Participation in our loyalty program is voluntary. By enrolling, you agree to the program terms, which include:
- Points are earned and redeemed as described at the time of enrollment
- Points have no cash value
- We reserve the right to modify, suspend, or terminate the program with reasonable notice
- We reserve the right to revoke points obtained through fraud or abuse
- Accounts inactive for 12 months may be deactivated
Full terms governing the loyalty program, including the financial incentive disclosure required under CPRA Section 1798.125, are set forth in the Loyalty Program Terms, which are incorporated by reference.
9. Food Allergies and Dietary Restrictions
We take food allergies seriously and will make reasonable accommodations. However, our kitchen handles common allergens including milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy, and sesame. We cannot guarantee an allergen-free environment, and cross-contact may occur. Guests with severe allergies should advise us at the time of reservation and at the table.
You are responsible for communicating your allergies and dietary restrictions clearly and accurately. To the extent permitted by applicable law, and except in cases of our gross negligence, willful misconduct, or intentional failure to follow documented allergen protocols, we disclaim liability for adverse reactions resulting from allergens present in our kitchen environment or from cross-contact during food preparation, provided that you were informed of the allergen risk and we made reasonable efforts to accommodate your stated restrictions.
As of January 1, 2023, sesame is recognized as a major food allergen under the FASTER Act. Our allergen disclosures include sesame. Menu items are labeled with common allergen information where feasible, but we encourage guests to ask their server for detailed ingredient information.
10. Photographs and Recording on Premises
Our premises may be photographed or recorded by us and by other guests. By entering, you consent to being included in photographs and video footage we capture for marketing, promotional, or operational purposes, and acknowledge that other guests may capture your image.
We operate closed-circuit video monitoring for safety and loss prevention.
Audio Recording Disclosure: California Penal Code Section 632 requires the consent of all parties to record a confidential communication. Our CCTV system does capture audio. By entering our premises, you consent to audio recording for safety, loss prevention, and quality assurance purposes. Signage is posted at entrances to notify guests of audio and video recording. If you do not consent, please notify a manager and we will accommodate you in an area where audio is not recorded, if available.
If you do not wish to be photographed for our marketing use, please notify us at mg@marnisoc.com in advance or speak with a manager on site.
11. Online Ordering, Delivery, and Takeout
Orders placed through our website or app are subject to availability and confirmation. We reserve the right to cancel or modify orders due to pricing errors, menu changes, or unavailability of items. For delivery orders, risk of loss and title to food items transfers to you upon delivery to the address you provided (or upon handoff to a third-party delivery service, if applicable). We are not responsible for the condition of food after transfer to a third-party delivery platform. For pickup orders, items not collected within 30 minutes of the stated pickup time may be disposed of without refund. Refund and complaint policies for orders placed through third-party platforms are governed by that platform's terms.
12. Outdoor Dining, Weather, and Force Majeure
Outdoor seating, patio service, and weather-dependent events are subject to availability and weather conditions. We may close, reschedule, or relocate outdoor service at our discretion for safety or comfort, without liability beyond a refund or credit for any prepaid deposit or unused portion of a prepaid event.
Force Majeure: Neither party is liable for failure to perform due to causes beyond its reasonable control, including acts of God, fire, flood, earthquake, epidemic, pandemic, government orders, utility failures, labor disputes, or civil unrest. If a force majeure event prevents performance for more than 30 consecutive days, either party may terminate the affected obligation without further liability except for the return of prepaid deposits.
13. Pets and Service Animals
Service animals are welcome in all areas of our establishment in accordance with the ADA and California Civil Code Section 54.1. We may ask (a) whether the animal is required because of a disability and (b) what task the animal is trained to perform. We will not ask about the nature of the disability or require documentation. Emotional support animals are permitted in outdoor dining areas at management's discretion, subject to local health code. Pets are permitted in outdoor areas only. All animals must be leashed, well-behaved, and under the owner's control at all times. We reserve the right to ask that any animal be removed if it poses a direct threat to health or safety.
14. Limitation of Liability
To the maximum extent permitted by applicable law, Marni's Bar & Grill, its owners, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, arising from or related to your use of our website, services, or premises.
Our total aggregate liability to you for all claims arising from or related to these Terms, our website, or our services shall not exceed the greater of (a) the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred dollars ($100.00).
We are not liable for damages resulting from third-party platforms used for reservations, payments, ordering, or delivery, except to the extent caused by our own negligence or willful misconduct.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including but not limited to liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any liability that cannot be waived under the California Consumer Legal Remedies Act (Civil Code Section 1750 et seq.), the California Unfair Competition Law (Business & Professions Code Section 17200 et seq.), or other non-waivable statutory protections.
15. Indemnification
You agree to indemnify, defend, and hold harmless Marni's Bar & Grill, its owners, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your breach of these Terms; (b) your use or misuse of our website, services, or premises; (c) your violation of any applicable law, regulation, or third-party right; (d) any content you submit or transmit through our website; or (e) any dispute between you and a third party arising from your use of our services. This indemnification obligation survives termination of these Terms.
16. Intellectual Property
All content on our website, including text, images, logos, menus, recipes, and design, is owned by or licensed to Marni's Bar & Grill and is protected under intellectual property law. You may not reproduce, modify, or distribute our content without our written permission, except for personal, non-commercial reference.
DMCA Notice: If you believe that content on our website infringes your copyright, please send a notice to mg@marnisoc.com with the following information: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on our website; (c) your contact information; (d) a statement that you have a good-faith belief the use is unauthorized; and (e) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on behalf of the owner. We will respond to valid DMCA notices in accordance with 17 U.S.C. Section 512.
17. User-Submitted Content
When you submit reviews, photos, social media tags, or other content related to us, you grant Marni's Bar & Grill a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content for marketing and operational purposes, with appropriate attribution where reasonable.
By submitting content, you represent and warrant that you own the content or have the right to grant the license above, and that the content does not violate any third party's intellectual property, privacy, or other rights. We reserve the right to remove any user-submitted content at our discretion. If you wish to have your content removed, contact us at mg@marnisoc.com.
18. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
Binding Arbitration: Any dispute arising out of or relating to these Terms or your use of our services shall be resolved by binding arbitration administered by JAMS in Orange County, California, under the then-current rules of that administrator. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party bears its own costs unless the arbitrator awards fees to the prevailing party.
Exceptions to Arbitration: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm. Claims in small claims court (within jurisdictional limits) are also exempt from arbitration.
Class Action Waiver: You and Marni's Bar & Grill agree that all claims shall be brought in your or our individual capacity and not as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
PAGA Waiver: To the extent permitted by law, you waive the right to bring representative claims under the California Private Attorneys General Act (PAGA). If this waiver is found unenforceable, the PAGA claim shall be severed and litigated in court while remaining claims proceed in arbitration.
19. Modifications
We may modify these Terms at any time. Material changes will be communicated through reasonable means. Continued use after the effective date of changes constitutes acceptance.
20. Severability
If any provision is found unenforceable, the remaining provisions remain in full effect.
If any provision is found unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
21. Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, SMS Policy, Accessibility Statement, Loyalty Program Terms, and any client-specific agreements (catering, events), constitute the entire agreement between you and Marni's Bar & Grill regarding your use of our website and services.