Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS REPRESENTATIONS BY YOU, WAIVERS, LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION PROVISION THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

By accessing this website you are agreeing to these Terms and Conditions, which include the Terms of Service for Classes and Facilities (“Terms of Service”), the Website Terms of Use (“Terms of Use”), the General Terms and Conditions, Copyright Policy and our Privacy Policy (available here). If you do not agree to these Terms and Conditions or our policies, then do not use this website, set-up an account, make a reservation or take a class.

Please contact us at: info@ride-indoorcycling.com with any questions regarding any of these Terms and Conditions.

 

TERMS OF SERVICE FOR CLASSES AND FACILITIES

RIDE Indoor Cycling, L.L.C., its subsidiaries and affiliates (“we” or “us”) provide indoor cycling classes. One indoor cycling class is called a "Ride". A group or package of Rides is called a “Series”. These Terms of Service set forth the terms and conditions under which you can set up an account, make reservations and pay for and participate in Rides. By setting up an account, making a reservation or paying for or participating in a Ride, you agree to these Terms of Service.

 

Accounts

In order to purchase a Series, make a reservation or take a Ride, and to access certain other features of the website, you will have to create an account. You may never use another person’s account without their permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses incurred by you that are caused by any unauthorized use of your account.

 

Reserving and Paying for your Ride

In order to make a reservation, you must first purchase a Series (a package of Rides). You can reserve a Ride up to two weeks in advance (Monday through the second following Monday) but not later than 2 hours prior to class time. These reservation deadlines apply regardless of available website functionality.

For online purchases, we accept American Express, MasterCard, Visa, and Discover (although we reserve the right to change what digital payments we accept from time-to-time, at our sole discretion). Your credit/debit card will be charged when you purchase a Series. Once a Series is purchased, the purchase is final and non-refundable. We will not process Series purchases that use an incorrect, expired or over-the-limit card. Each Series has an expiration date provided at the time of purchase. Rides that are unused when a Series expires will not be refunded. Series prices are subject to change at our sole discretion, but any increase will not apply to a Series that has already been purchased. If you fail to pay any charges when due, services or privileges may be suspended or terminated. You are responsible and liable for fees, including attorney’s fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.

 

Cancellation Policy

In order to cancel a Ride, you must “unreserve” that Ride by 8:00 P.M. local time the day before the scheduled date of the Ride. Once your Ride is unreserved in a timely manner, it will be returned to your Series to be used at a future date (subject to expiration of the Series). If you haven't unreserved your Ride by 8:00 P.M local time the day before the Ride is scheduled, your scheduled Ride will be charged to and deducted from your Series, even if you do not attend the class.

You can cancel your reservation in the following ways:

1.   Log into your account and, next to the class you wish to cancel, press "unreserve"

2.   Call the studio where your class booked and cancel the class over the phone:

RIDE DOWNTOWN (Austin)                       512.322.5252
RIDE HILL COUNTRY (Bee Cave)             512.284.9888
RIDE HEIGHTS (Houston)                          281.888.9772
RIDE HUGHES LANDING (Woodlands)     832.823.4999

 

Health Representations

You represent and warrant to us that you are in good physical condition and have no medical condition or impairment that could prevent you from your intended use of the classes, activities, programs, premises, facilities and equipment provided by us (collectively, “Classes and Facilities”). You acknowledge that we have not given you any medical advice and cannot give you any such advice, whether related to your physical condition and ability to use the Classes and Facilities or otherwise. You acknowledge and agree that you will discuss any health or medical concerns with your personal physician or other health professional prior to and while using our Classes and Facilities.

 

WE HEREBY ADVISE YOU THAT INDIVIDUALS WITH ANY CHRONIC DISABILITIES OR CONDITIONS ARE AT RISK IN USING OUR CLASSES AND FACILITIES, AND ARE ADVISED AGAINST DOING SO. IN ADDITION, IF IN THE OPINION OUR STAFF, YOU WOULD BE AT PHYSICAL RISK USING OUR CLASSES AND FACILITIES, YOU WILL BE DENIED ACCESS TO OUR CLASSES AND FACILITIES.

 

Waiver and Release

Without limiting any other waiver or release that you have given or will give to us, BY SIGNING UP FOR AND/OR ATTENDING CLASSES AND FACILITIES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN INDOOR CYCLING AND EXERCISE AND IN USING INDOOR CYCLING AND EXERCISE EQUIPMENT IN ASSOCIATION WITH THE CLASSES AND FACILITIES. IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN AND ACCESS THE CLASSES AND FACILITIES PROVIDED BY US, IN ADDITION TO THE PAYMENT OF ANY FEE OR CHARGE, YOU HEREBY: (1) AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGE WHICH ARE SUSTAINED OR AGGRAVATED BY YOU IN RELATION TO THE CLASSES AND FACILITIES; (2) WAIVE, RELEASE AND FOREVER DISCHARGE US, OUR EMPLOYEES, OFFICERS, AGENTS, MEMBERS, MANAGERS, INVESTORS AND REPRESENTATIVES, AND ALL OTHERS FROM ANY AND ALL RESPONSIBILITY, CLAIMS, RIGHTS, CAUSES OF ACTION AND/OR LIABILITY FROM INJURIES OR DAMAGES TO YOUR PERSON OR PROPERTY RESULTING FROM YOUR PARTICIPATION IN AND USE OF THE CLASSES AND FACILITIES; (3) REPRESENT THAT YOU HAVE NO MEDICAL OR PHYSICAL CONDITION THAT WOULD PREVENT YOU FROM ATTENDING AND/OR USING ANY OF OUR CLASSES AND FACILITIES AND/OR PUT YOU IN ANY PHYSICAL OR MEDICAL DANGER, AND HAVE NOT BEEN INSTRUCTED BY A PHYSICIAN NOT TO DO SO; and (4) agree to execute an Additional "Waiver of Liability, Assumption of Risk, and Indemnity Agreement" prior to participating in your first indoor cycling class.

 

Term and Termination

Your rights to use the Rides in any Series that you purchase are effective through the expiration date of the Series, unless terminated earlier. These Terms of Service will terminate immediately without notice to you upon the earlier of: (i) notice of your election to cancel your account; (ii) the posting of a new version of these Terms of Service with notice to you (which you agreed that we may provide by any means, including without limitation, by posting the new version on the this website), in which case the new terms will apply to you; or (iii) your breach or failure to comply with these Terms of Service or generally undesirable behavior, as determined by us in our sole discretion (in which case you will not be entitled to a refund of any prepaid Rides that are unused from a Series). If you do not have an outstanding Series in your account, we may terminate or suspend your account with or without notice, at our sole discretion. We also reserve the right to terminate these Terms of Service and your account without prior notice and without liability to you upon request by government and/or law enforcement agencies.

If your account is terminated for any reason, you agree that we may keep your information on our servers for a reasonable time thereafter to enable you to easily renew if you so desire.

The Section entitled “Waiver and Release,” the General Terms and Conditions incorporated herein and the representations made by you in the Section “Health Representations” shall survive expiration or termination of these Terms of Service.

 

Liability for Personal Property

We shall not be liable to you for any personal property that is damaged, lost or stolen while on or around our premises including, but not limited to, a vehicle or its contents or any property left in a locker. You shall be liable to us for any damage to our facilities and any equipment, furniture or fixture located thereon caused by you.

 

Changes to Classes and Facilities

We reserve the right to add or eliminate locations and facilities available to you. The hours of operation will be set by us and may be changed at any time in our sole discretion. We are not required to continue any particular programs, facilities, services or equipment and may discontinue, change or modify the same in our sole discretion. We reserve the right to add, eliminate, or alter any program, service or equipment when deemed necessary or desirable in our sole discretion.

 

Rules and Regulations

You acknowledge the existence of and the need for rules and regulations governing your participation in and use of our Classes and Facilities. You agree to comply with any rules and regulations that are communicated to you in any reasonable manner, including by posting on this website or by posting at our facilities. We reserve the right to modify, amend or supplement any such rules and regulations from time to time in our sole discretion.

 

General Terms and Conditions

The General Terms and Conditions set forth herein are incorporated by reference into these Terms of Service.

 

© 2016 RIDE Indoor Cycling, L.L.C.

Last Updated 10-19-2016

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WEBSITE TERMS OF USE

These Website Terms of Use (the “Terms of Use”) apply to your use of our website (the “Site”). We reserve the right to change the Terms of Use and to modify and/or limit access to this Site at any time without notice to you. By using or accessing this Site, you agree to be bound by the most recent Terms of Use.

 

Site Content

All content that is made available to view and/or download in connection with this Site is the copyrighted work of and is owned by us and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any such content without our express written permission and written permission of the copyright owner. You agree not to circumvent, disable or otherwise interfere with security-related features of this Site or features that prevent or restrict use or copying of any content on this Site. You may not frame or otherwise include this Site within any other website or software. We reserve all rights not expressly granted to this Site and the content therein.

 

Linked Sites

This Site may contain links to third party web sites ("Linked Sites"). These Linked Sites are not under our control and we are not responsible for the availability, content or performance of any Linked Sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You should direct any concerns regarding these third-party sites to those sites' administrators.

 

Trademarks

"RIDE Indoor Cycling” and the "spinning wheel" logo as well other graphics, logos, designs, page headers, button icons, scripts and service names are our trademarks, trade names or trade dress. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission of RIDE Indoor Cycling, L.L.C.

 

Mobile Services

We may provide certain services that may be available via your mobile device, including but not limited to (i) the ability to make purchase or reservation via your mobile device, (ii) the ability to receive and reply to messages from us, and (iii) the ability to browse our site from your mobile device (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

 

Electronic Communications

When you visit our Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We receive and store certain types of information whenever you interact with us. For example, like many sites, we use "cookies," and we obtain certain types of information when your web browser accesses our Site.

 

Employment Opportunities

We may, from time to time, post our employment opportunities on this Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to us in response to employment listings, you are authorizing us to utilize this information for all lawful and legitimate hiring and employment purposes. Nothing in these Terms of Use or this Site shall constitute a promise by us to interview, hire or employ any individual who submits information to us, nor shall anything in these Terms of Use or in this Site constitute a promise that we will review any or all of the information submitted to us by users.

 

Termination

We reserve the right to immediately terminate your use of, or access to, this Site at any time if we decide, in our sole discretion, that you have breached these Terms of Use or any relevant law, rule or regulation or you have engaged in conduct that we consider to be inappropriate or unacceptable.

 

General Terms and Conditions

The General Terms and Conditions set forth herein are incorporated by reference into these Terms of Use.

 

© 2015 RIDE Indoor Cycling, L.L.C.

Last Updated 2-13-2015

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GENERAL TERMS AND CONDITIONS

The General Terms and Conditions are incorporated by reference into both the Terms of Service and the Terms of Use.

 

Age

We do not permit persons under the age of 18 years to set up an account, make a reservation or take its indoor cycling classes. By using this Site, setting up an account, making a reservation or taking a Ride, you represent that you are at least 18 years old and that you agree to abide by all of the Terms of Service and Terms of Use.

 

Disclaimer of Warranties

ALL CLASSES AND FACILITES AND THIS SITE ARE PROVIDED BY US "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We assume no responsibility for, and shall not be liable for any damage caused by any virus that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Site, any Linked Sites, your use of Mobile Services, or your downloading of any materials, data, text, images, video or audio from this Site or any Linked Sites. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

 

Limitations of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR CLASSES AND FACILITIES, THIS SITE, THE TERMS OF SERVICE OR THE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

 

Indemnity

You agree to defend, indemnify and hold harmless RIDE Indoor Cycling, L.L.C., its subsidiaries and affiliates, and its employees, agents, officers, members, managers, investors and representatives, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your participation in and use of the Classes and Facilities provided by us; your use of this Site; your breach or alleged breach of the Terms of Service or Terms of Use; or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

 

Legal Compliance

You shall comply with all applicable laws, statutes, ordinances, rules and regulations regarding your participation in or use of the Classes and Facilities and your use of this Site.

 

Governing Law; Jurisdiction and Venue

The Terms of Service and Terms of Use shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles. Subject to and without otherwise waiving the binding arbitration provision set forth herein, any claim or dispute that arises or relates to, in whole or in part, your participation in and use of the Classes and Facilities provided by RIDE Indoor Cycling, L.L.C., your use of this Site or any breach or alleged breach of the Terms of Service or Terms of Use, shall be decided exclusively in the federal and state courts located in Travis County, Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the federal and state courts located in Travis County, Texas.

 

Dispute Resolution; Arbitration

In the event a dispute arises between you and us (or any of our employees, agents, officers, members, managers, investors and representatives), our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that any claim or controversy at law or equity that arises out of your participation in and use of our Classes and Facilities, your use of this Site or Mobile Services, or any breach or alleged breach of the Terms of Service or Terms of Use shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by you and us. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

All disputes which cannot be resolved between you and us, and causes of action arising out of or related to your participation in and use of our Classes and Facilities, your use of this Site or any breach or alleged breach of the Terms of Service or Terms of Use, must be submitted to binding arbitration. The arbitration shall be conducted in Travis County, Texas, on a confidential basis pursuant to the rules and procedures of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THE TERMS OF SERVICE OR TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE CLASSES AND FACILITIES OR THIS SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

 

General

Neither these Terms of Service or Terms of Use, nor any rights or obligations of you thereunder, may be assigned by you in whole or in part without our prior written approval. Any assignment in violation of the foregoing shall be null and void. If any part of the Terms of Service or Terms of Use is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable. In lieu of the unenforceable provision, the court should attempt to effect as much as possible the economic, legal and business objectives as were intended by the unenforceable provision. We are not liable for any delay in the performance under the Terms of Service or the Terms of Use due to causes beyond our control, including but not limited to an act of God, war or natural disaster. The Terms of Service, Terms of Use and these General Terms and Conditions set forth the entire understanding and complete and exclusive statement of the agreement between you and us; and they supersede any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter thereof. There are no third party beneficiaries to the Terms of Service or the Terms of Use. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of the Terms of Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Notices

Except as explicitly stated otherwise, notice shall be given by certified mail, postage prepaid and return receipt requested to RIDE Indoor Cycling, L.L.C. Attn: Kimberly Dowling, 117 Lavaca Street, Austin, Texas 78701 (in the case of notices to us) or by email to the email address you provide to us during the registration process (in the case of notices to you). Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to RIDE Indoor Cycling, L.L.C. during the registration process. Notice by email shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Notices sent by certified mail shall be deemed given 3 days after the date of mailing.

 

© 2015 RIDE Indoor Cycling, L.L.C.

Last Updated 2-13-2015

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COPYRIGHT POLICY

We respect the intellectual property of others, and we expect our users to do the same. We may suspend and/or terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through this Site, you should provide our copyright agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on this Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o RIDE Indoor Cycling, L.L.C.
117 Lavaca Street
Austin, Texas 78701

By phone: 512.322.5252

By email:info@ride-indoorcycling.com

 

© 2015 RIDE Indoor Cycling, L.L.C.

Last Updated 2-2-2015

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