These are the terms and conditions which apply to your use of the POPCYCLE Website (the “Website”) and the POPCYCLE Mobile Application (the “App”), and the purchase of Goods and Services from us. Please read these Conditions carefully before using this Website, the App, or purchasing any Goods or Services from us. If you do not agree to these Conditions, you must not use this Website or our App.
This Website, the App, and the Goods and Services displayed on it are provided by POPCYCLE (20099 Ashbrook Place Ste. 195.), collectively referred to in these Conditions as “POPCYCLE”, “we, “us” and “our”. When we refer to “you” and “your” we mean the user of this Website or App, the purchaser of Goods or user of our Services.
Credits
To book a Class, your account must include at least one Credit. One Credit entitles you to attend one Class. You can purchase Credits via our Website or App. Multiple Credits can also be purchased as bundles at discounted rates. Price details for Credits are available on our Website or App and shall be such prices as determined by us. You should be aware that classes and series expire, and future prices are subject to change. Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
Memberships
MEMBERSHIP TERM
Unless noted by special promotions, memberships operate on a month-to-month basis until terminated in accordance with the provisions of this Agreement. If a special promotion with term requirements was activated, the initial term of your membership shall be for a period of (X) months (as defined in the special promotion) from the date of this Agreement. It shall then continue in effect on a month-to-month basis until terminated in accordance with the provisions of this Agreement.
MEMBERSHIP FEES
Your first-month fee is due upon execution of this Agreement. Thereafter, monthly fees are due on the same day of each subsequent month. Fees must be paid automatically by an electronic fund transfer (“EFT”) from a checking account, debit card, or credit card. By providing your checking account, debit card, or credit card information You are consenting to POPCYCLE automatically withdrawing your fees as they come due each month. Your fee shall be based on the specific membership. Upon cancellation, your current fee shall not be guaranteed for future membership. POPCYCLE reserves the right to adjust its membership fees at any time during the term of this Agreement.
1 HR CANCELLATION POLICY FOR RESERVATIONS
In order to cancel a reservation in a POPCYCLE class and return it to your account, you must unreserve one (1) hour prior to the class. Once your reservation is canceled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't canceled at least one (1) hour before, your scheduled class will be charged to your series/class pack. If you are on an unlimited membership and do not cancel one (1) hour before your scheduled class you will receive a $$10 late cancellation fee. If you are on a limited-use membership and do not cancel at least one (1) hour before your scheduled class you will lose that class credit.
You can cancel your reservation by logging into your account on the Website or the App, and next to the class you wish to cancel, press "unreserve".
WAITLIST
When you join the waitlist, one Credit will be deducted from your account. If you join the waitlist and a space becomes available, you will be automatically added to the Class. You will be notified by e-mail if you are automatically added to a Class. The cutoff time for an automatic waitlist enrollment is 1 hour before class start time.
If you join a waitlist but no longer wish to attend the class, you must cancel the booking via our Website or App as soon as possible. If you are added to a Class you may cancel up to one (1) hour before the Class and receive a refund of your Credit but you will not be refunded if you cancel within one (1) hours of the Class.
If you join the waitlist and a place on the fully booked Class does not become available, the Credit debited from your account to join the waitlist will be returned to your series. If we cancel a class, your Credit will be returned to your series.
FOR CLIENTS RUNNING LATE
The entrance door to our studio door locks at the beginning of class. There are no exceptions. Once the studio door closes and class begins, we won’t be able to let riders in. Safety is a priority.
FOR RIDERS LEAVING EARLY
If you're planning on leaving early, we kindly request that you tell the instructor ahead of time. Leaving early means before the conclusion of a 50-minute class.
FOR RIDERS ARRIVING EARLY
Studio doors open 15 minutes before class begins. Our facility doesn’t accommodate riders that wish to start their warmup ride before that period of time.
MERCHANDISE RETURN
If you change your mind about any Goods purchased from us, you may return them to our studio within 7 days with proof of receipt and we will give you a full refund provided that the Goods are unused and are not damaged. This does not affect your statutory rights as a consumer.
LOST ARTICLES
POPCYCLE assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.
CODE OF CONDUCT
POPCYCLE is committed to the health, safety, and welfare of all of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Engaging in such activity shall be grounds for immediate termination of this Agreement.
DAMAGES
POPCYCLE clients shall pay for any damages to POPCYCLE property or equipment which result from his/her willful or negligent conduct.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of POPCYCLE are proprietary to POPCYCLE and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof are property of, or duly licensed to, POPCYCLE. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of POPCYCLE, is strictly prohibited.
You acknowledge that POPCYCLE and/or third-party content providers remain the owners of all Website and App materials and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. POPCYCLE may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
ACCEPTANCE OF TERMS
By using the Website or App, purchasing a POPCYCLE class or membership offerings, registering for a POPCYCLE class, booking a bike, purchasing merchandise, and/or using or attending a POPCYCLE class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a POPCYCLE class or membership offerings, registering for a POPCYCLE class, booking a bike, purchasing merchandise, and/or using or attending a POPCYCLE class.
Occasional changes may be made to this document to reflect changes in POPCYCLE’s policies. The Terms may be revised at any time by updating this posting. By using the Website or App, buying POPCYCLE classes, registering for classes, booking bikes, buying merchandise, and/or using and attending POPCYCLE studio, you agree to be bound by any such revisions. Riders and community members are encouraged to check this document periodically to stay informed of current guidelines.
CONTACT US
If you have any questions about these Terms you can reach us at info@popcycleclub.com and we are happy to discuss in greater detail.
WAIVER AND RELEASE
THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned adult (the “Participant”), to release and indemnify POPCYCLE, LLC, d/b/a POPCYCLE (hereinafter “POPCYCLE”), its parents, subsidiaries, and affiliates, and all of their respective members, employees, heirs, successors, agents, contractors, and assigns (collectively the “Released Parties”). Participant, or the parent or legal guardian of the Participant if under the age of eighteen (18) years old, on Participant’s own behalf and on behalf of the other members of the Participant’s family, including Participant’s spouse, parents, children, heirs, and assigns, (singularly and collectively referred to as “Releasing Parties”) hereby grants to the Released Parties this full release and indemnification as a consideration in exchange for permitting Participant to participate in this exercise program. The participant is entering into this Release after having viewed or having the opportunity to view the studio and had an opportunity to ask questions regarding the services and risks associated with this exercise program. Any questions the Participant has asked have been answered to the Participant’s complete satisfaction. The participant will not teach, copy, reproduce, alter, modify, record, or create derivative works from any of the proprietary exercises, movements, class formats, or choreography from this studio, its agents or employees, or materials affiliated with it. Participant understands that any violation of this clause, on his/her behalf or on that of any affiliated entity, will be enforced to the maximum extent permitted by law and will include, but is not limited to, injunctive relief, actual and punitive damages, as well as attorney fees and costs. The participant is voluntarily participating in the activity with full knowledge, understanding, and appreciation of the risks inherent in any physical exercise and expressly assumes all risks of injury and even death, which could occur by reason of the Participant’s participation. Participant, including the Releasing Parties, hereby releases the Released Parties from any liability and agrees not to sue the Released Parties with respect to any cause of action for bodily injury, property damage, or death arising out of any of the activities or programs herein or in the use of any equipment at this or any other premises of the Released Parties. Participant hereby assumes full responsibility for risks of bodily injury, property damage, or death to Participant due to the ordinary negligence or gross negligence of the Released Parties and the ordinary negligence, gross negligence, or willful misconduct of any third party including others participating in the exercise program. Participant, including the Releasing Parties, agrees to indemnify, defend, and hold harmless, at Participant’s sole cost, the Released Parties from any and all claims arising out of Participant’s participation in the exercise program, without limitation, attorneys’ fees and expenses incurred by the Released Parties. All personal property brought to the studio is brought at the sole risk of the Participant as to its theft, damage, or loss. The Released Parties are not responsible for any personal items left by Participants in this facility. The participant hereby agrees to permit POPCYCLE to use without compensation images of Participant as a program participant in internal and external promotional material. This includes any printed material, broadcast and print advertising, promotional videos, and websites, which are produced or published by POPCYCLE. All such materials are the property of POPCYCLE. Participant expressly agrees that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the Commonwealth of Virginia. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and the remainder shall be enforced to the greatest extent possible. PARTICIPANT CERTIFIES THAT HE/SHE IS AT LEAST 18 YEARS OF AGE, OR IF HE/SHE IS UNDER 18 YEARS OF AGE, THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN CERTIFIES, THAT HE/SHE HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND INDEMNITY AGREEMENT.