Terms and Conditions
Date: October 1, 2021
IMPORTANT NOTICE FOR RIDERS: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS-ACTION RIGHTS AS DETAILED BELOW.
Hey Community, guess what, like every other company around, we’ve got some rather detailed Terms of Service.
We know it’s a long page, that’s because it’s broken up into chunks that detail different aspects of the Zenergy service. Essentially, what it says is that we do our best to provide you with a great service, governed by reasonable rules and expectations.
OK, so let’s start…
Please read these Terms & Service (“Agreement” or “Term of Service”) carefully before using www.zenergycycling.com (“the Site) operated by PDHL GROUP, LLC DBA Zenergy Cycling(“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the site at www.zenergycycling.com.
By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile app(s), or contributing content or other materials to the Site or on or via the mobile app(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site and/or mobile app and discontinue use of the Services immediately.
CHANGES TO THIS AGREEMENT
We reserve the right to modify the Terms of Service at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or mobile apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site, or discontinue any use of the Site immediately.
ACCESSING THE SERVICES AND ACCOUNT SECURITY
To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.
By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.
From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and mobile apps.
In order to access some Services available on the Site and mobile app, you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.
You may use the Services only for lawful purposes and in accordance with the Terms of Service. You agree not to use the Services:
- For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services for any commercial purpose;
- Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services;
- Use any robot, spider or another automated device, process, or means to access the Service for any purpose;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
- Otherwise, attempt to interfere with the proper working of the Service.
STUDIO POLICIES, RULES, AND REGULATIONS
CANCELLATIONS: YOU MUST CANCEL CLASS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED FROM THAT CLASS.
This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system or by calling the applicable studio directly. If you are an unlimited rider and a late cancel occurs, you will be charged a late cancel fee of $18.00 plus tax.
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED RIDER.
Membership & Class Commitment Cancellation
- CLASS COMMITMENT (4 & 8 Classes/Month): The initial term of this agreement is for one (1) month, or 30 days, following receipt of purchase and is ongoing as long as the membership remains active in your account. This membership type is auto-recurring and will renew automatically on the date of purchase thereafter every month. Additional class credits can be purchased by choosing 1 Ride credit and will be discounted $6 for each additional class purchased during the monthly period. By agreeing, you understand it is your responsibility to notify your studio, or firstname.lastname@example.org, to cancel your membership at any time. You also understand that if payment has already been drafted on the renewal date, you will not be refunded the cost of the renewal and your membership will be canceled prior to the next renewal date 一 as defined under Section 1. Fees and Payments, 3. REFUNDS. Class commitments are subject to Zenergy’s cancellation policy 一 as defined under Section 1: Fees and Payments, 3. CANCELLATION OF CLASSES 一 where you cancel class, you forfeit one (1) class of your membership.
- UNLIMITED RIDES / MONTH: The initial term of this agreement is for one (1) month, or 30 days, following receipt of purchase and is ongoing as long as the membership remains active in your account. This membership type is auto-recurring and will renew automatically on the date of purchase thereafter every month. By agreeing, you understand it is your responsibility to notify your studio, or email@example.com, to cancel your membership at any time. You also understand that if payment has already been drafted on the renewal date, you will not be refunded the cost of the renewal and your membership will be canceled prior to the next renewal date 一 as defined under Section 1. Fees and Payments, 3. REFUNDS. Class commitments are subject to Zenergy’s cancellation policy 一 as defined under Section 1: Fees and Payments, 3. CANCELLATION OF CLASSES 一 where you cancel or no show a class, a fee of $18 will apply; taxes may be applied per your studio. If a freeze takes place at any time on your current active membership, you understand that you are responsible for any fees or payments owed at the time of reactivation.
Studio Locker Rental
Subject to the following terms and conditions:
Studio Locker Rental Agreement
- A $25 deposit is required for every locker rented and will be charged on a monthly, or 30 days, basis following receipt of the initial rental start date, and will renew automatically or until canceled by a Studio Crew member. You will be assigned a locker by a member of the studio and it will be logged for the duration of the rental.
- Lockers are rented on a first-come, first-serve basis only and there is no limit to how many lockers can be rented at any given time.
- This agreement is for one (1) locker rental. Should another locker be rented by you, an additional agreement will be signed and logged on your Zenergy account.
- You agree to keep the locker in good shape throughout the rental period. This includes, but is not limited to: stickers, tape, markings of any sort (aside from normal wear), etc.
- You also agree that Zenergy is not responsible for any items lost or stolen from your locker if kept unlocked by you. It is your responsibility to check the security of your locker every time you use it.
- Upon termination of your locker, any item(s) left behind will be discarded and or kept in your studio lost and found bin.
- This locker should only be used for storing any belongings associated with indoor cycling or working out in a Zenergy studio. The locker shall not be used, in accordance with, any activity prohibited by law.
- Zenergy is not liable for any injury, loss, or damage arising from the use of any assigned locker.
- If a full month, or 30 days, of rental is not used and payment has already been made, you understand there will not be a prorate or refund back to the card on file.
You agree that the undersigned waives any claim to the right of privacy and expressly consents to allow Zenergy to open and inspect the locker and its contents thereof at any given time without prior notice: in an emergency, to determine whether or health and safety hazard exists, or to determine whether any term of this agreement is being violated.
Failure to comply with the provisions of this waiver will result in immediate termination of the locker rental agreement.
By signing this form, you agree to the terms and conditions of the Locker Rental Agreement as listed above.
PERSONAL BELONGINGS: You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss for any of your personal belongings.
As applicable, classes and membership packages are non-refundable. No exceptions.
We do not offer refunds on purchases for our services, beyond your statutory rights. We strongly plead with you to be modest in your initial membership and or class purchases, and to make sure you, like us, can reach the venue, and like what we do before making extravagant purchases.
Zenergy will accept items, excluding ACCESSORIES, for exchange or account credit only. Any exchanged item must be returned in its original, unaltered condition, and all tags need to be intact, within 7 days of purchase.
All sales are final on ALL items from the receipt of the original purchase date, or order date, and no returns will be accepted.
No returns will be accepted on DISCOUNTED or FINAL SALE items.
Zenergy reserves the right to deny a refund on any item purchased in a Zenergy studio or online.
For questions or support with online purchases or returns, please contact firstname.lastname@example.org.
Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Zenergy via your mobile phone, (ii) the ability to receive and reply to Zenergy messages, (iii) the ability to browse Zenergy from your mobile phone and (in) the ability to access certain Zenergy features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for the 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, it any, may be applicable to your use of such Mobile Services.
TERMINATION & SURVIVAL
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice. You may terminate your account or any membership that you have purchased, at any time, for any reason, by following the instructions on the “My Account” page or by contacting your local studio directly via phone or email. We may terminate your account or membership at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or for any unused portion of any membership packages or class packages.
The following provisions will survive termination of this Agreement: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and Arbitration Agreement for Users in the United States and Canada; (5) Governing Law; (6) Indemnity; (7) Limitation of Liability.
Our Site and mobile apps may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or mobile apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
You acknowledge that Zenergy charges fees for its services, and subject to the applicable law, Zenergy reserves the right to change its fees from time to time at its discretion.
INTELLECTUAL PROPERTY RIGHTS
The content on the Site and mobile apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Zenergy, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as-is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services provided by you to Company are non-confidential and shall become the sole property of Zenergy.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein..
You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited, and without restriction, and Zenergy does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant Zenergy the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. Zenergy does not waive any rights to use similar or related feedback or ideas known to Zenergy, developed by Zenergy employees, or obtained from other sources.
ENTIRE AGREEMENT & NO WAIVER
No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS
Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
Initial Dispute Resolution. We are available by email at email@example.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If we do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms of Service (including their formation, performance, and breach), your and our relationship, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms of Service, including, but not limited to, any claim that all or any part of the Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms of Service shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in state or federal courts located in Kanawha County, West Virginia (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in West Virginia for any litigation other than small claims court actions. In the event of litigation relating to the Terms of Service or the Services, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws without giving effect to any principles of conflicts of law.
You agree to release, indemnify, and defend Barry’s Bootcamp Holdings, LLC and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “Barry’s Bootcamp Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE BARRY’S BOOTCAMP ENTITIES TO YOU
- By attending classes, events, activities, and other programs provided by us, using the Barry’s Bootcamp studio facilities and equipment, and/or using the Services, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Barry’s Bootcamp workout program, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise program. You understand that Barry’s Bootcamp strongly recommends that you consult with my physician prior to commencing any classes. You acknowledge that you have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. You assume all risks for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages the Barry’s Bootcamp Entities.
- WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BARRY’S BOOTCAMP ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUITE ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
- YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARRY’S BOOTCAMP ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARRY’S BOOTCAMP ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
- YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
- WITHOUT LIMITING THE FOREGOING, BARRY’S BOOTCAMP ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
- SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Severability and Waiver
A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.
We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. Barry’s is not responsible for any automatic filtering that you or your network provider may apply to such notifications.
In construing or interpreting the Terms of Service, headings are for convenience only, and not to be considered.
If you have any questions about the Terms of Service, at the Services, the Site, or mobile apps, please contact us at: firstname.lastname@example.org.