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SMS Terms & Conditions

 

Shakes SMS Terms & Conditions

Effective Date: September 22, 2026

These SMS Terms & Conditions govern participation in the Shakes SMS Marketing Program offered by Shakes – For the Health of It, LLC, doing business as Shakes (“Shakes,” “we,” “us,” or “our”).

By opting in to receive SMS or MMS messages from Shakes, you agree to these SMS Terms & Conditions.


1. Program Description

The Shakes SMS Marketing Program provides customers who choose to participate with recurring promotional, marketing, loyalty, and informational messages from Shakes.

Messages may include promotions, discounts, special offers, loyalty rewards, new product announcements, menu updates, events, reminders, and other communications related to Shakes products and services.

Participation in the SMS Marketing Program is voluntary.


2. Consent to Receive Messages

By providing your mobile phone number and expressly opting in to the Shakes SMS Marketing Program, you consent to receive recurring SMS and/or MMS messages from Shakes at the mobile number you provided.

Messages may be sent using automated technology.

Consent to receive marketing text messages is not a condition of making a purchase from Shakes.

You may opt in through methods made available by Shakes, which may include our website, loyalty program, point-of-sale system, promotional forms, QR codes, or other enrollment methods that provide appropriate SMS consent disclosures.


3. Eligibility

By enrolling in the Shakes SMS Marketing Program, you represent that you are the authorized user of the mobile phone number provided or have permission from the account holder to use that number for participation in the Program.

You are responsible for providing an accurate and current mobile phone number.


4. Message Frequency

Recurring messages will be sent. Message frequency varies depending on promotions, offers, customer activity, and other Shakes communications.


5. Message and Data Rates

Message and data rates may apply.

Any message, data, or other charges related to receiving SMS or MMS messages are determined by your wireless carrier and mobile service plan. Shakes is not responsible for charges imposed by your wireless carrier.


6. Supported Carriers and Message Delivery

The Shakes SMS Marketing Program is intended to work with major U.S. wireless carriers, but availability is not guaranteed on every carrier, network, or mobile device.

Message delivery is subject to effective transmission by your wireless carrier and other service providers.

Carriers are not liable for any delayed or undelivered messages.


7. Opt-Out Instructions

You may unsubscribe from Shakes marketing text messages at any time.

Reply STOP to any Shakes text message to unsubscribe.

You may also use other recognized opt-out requests such as END, CANCEL, UNSUBSCRIBE, or QUIT where supported.

After opting out, you may receive one final message confirming that your opt-out request has been processed. You will then no longer receive SMS marketing messages from Shakes unless you subsequently opt in again.

Opting out of SMS marketing does not necessarily unsubscribe you from communications through other channels, such as email, or from transactional communications that you have separately requested or authorized.


8. HELP Instructions

Reply HELP to any Shakes text message for help.

For additional assistance, contact us at:

travis@eatshakes.com


9. Privacy

Your privacy is important to us. Information collected through the Shakes SMS Marketing Program is handled in accordance with our Privacy Policy.

Our Privacy Policy is available at:

https://eatshakes.com/privacy-policy-1

Mobile information, including mobile phone numbers and SMS opt-in consent information, will not be shared with third parties or affiliates for their own marketing or promotional purposes.

We may provide information to service providers solely as necessary to operate the SMS Marketing Program, deliver messages, maintain customer preferences, and provide related services on our behalf.


10. Changes to Your Mobile Number

If your mobile phone number changes, is reassigned, or is deactivated, you should unsubscribe the previous number or contact us so that our records can be updated.

Shakes is not responsible for messages received by another person as a result of a mobile number being reassigned without notice to us.


11. Program Availability

Shakes may modify, suspend, or discontinue the SMS Marketing Program at any time.

We may also modify these SMS Terms & Conditions from time to time. Updated terms will be posted on our website with a revised effective date.


12. Disclaimer

The SMS Marketing Program is provided on an “as-is” and “as-available” basis.

Shakes does not guarantee that SMS or MMS messages will always be available, timely, accurate, or delivered successfully. Delivery may be affected by wireless carriers, service providers, network availability, mobile devices, or circumstances outside our control.


13. Limitation of Liability

To the fullest extent permitted by applicable law, Shakes – For the Health of It, LLC will not be liable for indirect, incidental, special, consequential, or punitive damages arising from participation in the SMS Marketing Program, including delayed, failed, duplicated, or misdirected messages.

Nothing in these Terms limits any rights or remedies that cannot legally be limited under applicable law.


14. Governing Law

These SMS Terms & Conditions are governed by applicable federal law and the laws of the State of Utah, without regard to its conflict-of-law principles.


15. Severability

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


16. Contact Us

Questions regarding the Shakes SMS Marketing Program or these Terms may be directed to:

Shakes – For the Health of It, LLC
travis@eatshakes.com

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